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THE 


CIVIL  GOVERNMENT  OF  MICBIGAN, 


WITH  CHAPTERS  ON 


POLITICAL  MACHINERY, 


The  Government  of  the  United  States. 


EIGHTH    EDITION. 


By  W.  J.  COCKER,  A.  M., 


DETROIT: 

TUB   RICHMOND  ft   BACKUS   CO.,   LAW   BOOK   PUBUSHBII& 

1885. 


1^^' 


LiUhAiiiAii  ii  I  lUil 


r.ntered  aocording  to  Act  of  Cnnfrress.  in  the  j  ear  eighteen  hundred  and  f  iij-hty-four 

Pv  W.  1    v:gcker. 

In  the  office  of  the  Librarian  of  Congress,  at  Washington. 


PEE  FACE. 


The  design  of  this  book  is  to  meet  the  want,  for  some  time  felt  in  our 
public  schools,  of  a  text-book  on  the  government  of  our  own  State. 
There  is  a  growing  demand  for  accurate  elementary  instruction  on  the 
nature  of  our  Slate  Government,  and  the  duties  of  our  public  officers. 
The  attempt  to  group  together  the  officers  of  different  States  and  define 
their  powers,  is  unsatisfactory,  for  the  reason  that  States  differ  greatly  in 
the  number  of  officers,  and  in  the  nature  of  their  duties.  In  text-books 
which  thus  treat  of  State  Governments  in  general,  many  of  our  State, 
county,  and  township  officers  are  omitted,  and  duties  are  assigned  to 
some  of  our  public  officers  which  do  not  belong  to  them,  although  such 
duties  are  performed  by  similar  officers  in  other  States.  Accurate  knowl- 
edge concerning  the  functions  of  our  own  officers  demands  a  text- book 
that  deals  exclusively  with  the  peculiarities  of  our  own  State  Government. 

The  aim  of  the  book  is  to  present,  in  as  concise  and  clear  a  manner  as 
possible,  the  political  system  of  the  State,  indicate  the  functions  of  the 
departments  of  our  State  government,  describe  the  duties  and  powers  of 
the  various  executive,  legislative,  and  judicial  officers,  and  give  some  of 
the  leading  features  of  our  educational,  charitable,  and  reformatory  institu- 
tions. Only  the  more  important  duties  of  officers  are  described,  so  that 
the  minds  of  pupils  may  not  be  confused  with  numerous  details,  and 
yet  ample  means  are  afforded  for  obtaining  a  clear  and  discriminating 
knowledge  of  the  powers  of  these  officers. 

The  book  is  designed  not  only  for  schools,  but  also  for  general  use. 
There  is  a  lamentable  amount  of  ignorance,  even  among  educated  men,  as 
to  the  workings  of  our  political  system.  It  is  absolutely  indispensable  in 
a  republic  that  every  one  should  understand  the  functions  of  the  govern- 
ment and  the  obligations  of  citizenship,  so  as  to  discharge  intelligently  the 
duties  of  an  elector. 

The  author  is  under  great  obligation  to  His  Excellency,  Gov.  Charles 
M.  Croawell,  for  valuable  information,  and  for  numerous  State  documents ; 
and  to  Hon.  C.  A.  Gower,  Superintendent  of  Public  Instruction,  for  valuable 
notes  and  suggestions.  He  is  also  indebted  to  various  authorities  for  sug- 
gestions and  subject-matter. 

W.  J.  COCKER. 

Adrian,  Mich.,  Dec.  26,  1879. 


217028 


TABLE  or  CO]:^TEIvrTS. 


STATE  OFFICERS,  .... 
COUNTY  OFFICERS,      - 
TOWNSHIP  OFFICERS,       - 
CITIES  AND  VILLAGES, 
LEGISLATIVE  DEPARTMENT,     . 
JUDICIAL  DEPARTMENT,       - 

ELECTIONS, 

TAXATION,          .           -           -           . 
PUBLIC  SCHOOL  SYSTEM, 
STATE  INSTITUTIONS, 
STATE  MILITIA,      -           -           - 
POLITICAL  MACHINERY, 
GOVERNMENT  OF  THE  UNITED  STATES, 
CONSTITUTION  OF  THE  STATE,      - 
INDEX, 


Pack. 

7-14 

24-30 
31-40 
41-50 
5"-64 

•  65-75 
76-81 

•  82-108 
109-119 

•  (20-128 
1 29-140 

•  I 41-150 
151-206 

-     237-251 


GOVERNMENT  OF  MICHIGAN 


CHAPTER  I. 


STATE  OFFICERS. 

State  Constituiio7i. — Prior  to  the  admission  of  a  State 
into  the  Union,  it  is  required  to  form  a  Constitution  that 
shall  be  essentially  republican.  The  theory  of  a  republic  is 
that  all  the  powers  which  are  wielded  by  the  government 
must  be  conferred  by  the  whole  people.  A  Constitution 
must  determine  what  powers  are  conferred,  and  within  what 
limits  the  functions  of  the  government  shall  be  exer- 
cised. Accordingly  provision  is  made  for  the  calling  of  a  con- 
stitutional convention,  the  office  of  which  is  to  frame  what  is 
called  the  constitutional  or  the  fundamental  principles  which 
lie  at  the  basis  of  a  State  government.  When  their  work  is  com- 
pleted, it  must  be  submitted  to  the  whole  people  for  ratifica- 
tion. All  subsequent  legislation  must  be  strictly  within  the 
limits  which  are  defined  by  the  Constitution. 

In  England  they  have  what  is  called  an  unwritten  constitution,  which 
rests  upon  common  usage,  special  grants,  and  judicial  decisions.  It  really 
consists  in  the  gradual  surrender  of  what  are  called  the  vested  rights 
acquired  by  the  aristocracy  in  feudal  times,  and  of  the  absolute  power  q\ 
the  monarch. 

Revision  and  Amendments.— 'Y\iQ  Constitution  may  be  revised 
or  amended  by  a  constitutional  assembly,  the  call  of  which  is 
authorized  by  the  Legislature,  and  must  be  again  submitted  to 
the  people  for  ratification;  or  single  amendments  may  be  sug-- 
gested  by  the  Legislature  and  submitted  to  the  people.  This 
latter  method  has  now  come  to  be  the  more  general  practice. 

2 


8  aVIL   GOVERNMENT. 

Members  of  the  Legislature,  and  executive  and  judicial  officers,  before 
entering  on  the  duties  of  their  respective  offices,  are  required  to  take  and 
subscribe  the  following  oath  or  affirmation:  "I  do  solemnly  swear  (or 
affirm)  that  I  will  support  the  Constitution  of  the  United  States  and  the 
Constitution  of  this  State,  and  that  I  will  faithfully  discharge  the  duties  of 
the  office  of         ■  ■■  according  to  the  best  of  my  ability." 

Departments  of  Government, — The  government  of  the  State 
is  divided  into  three  departments, — the  legislative,  the  judicial, 
and  the  executive.  The  legislative  department  makes  the 
laws,  the  judicial  interprets  them,  and  the  executive  carries 
them  into  effect.  No  officer  belonging  to  one  department 
can  exercise  the  powers  properly  belonging  to  any  other. 
The  officer  whose  duty  it  is  to  execute  the  laws  can  not  decide 
the  guilt  or  innocence  of  those  accused  of  breaking  the  laws, 
and  those  who  make  the  laws  are  not  allowed  to  apply  or  carry 
them  into  execution.  The  great  safeguard  of  all  free  govern- 
ments is  to  keep  these  three  departments  entirely  distinct, 
so  that  they  may  mutually  act  as  a  check  upon  each  other. 
When  the  legislative,  judicial,  and  executive  functions  are 
exercised  by  one  person,  the  government  becomes  a  despotism. 

State  Officers. — At  the  general  election,  which  occurs  every 
two  years.  State  officers  are  elected.  They  are  called  State 
officers,  because  their  duties  pertain  to  the  whole  State.  The 
executive  officers  of  the  State  are, — 

1.  Governor, 

2.  Lieutenant  Governor, 

3.  Secretary  of  State, 

4.  Treasurer, 

5.  Auditor  General, 

6.  Commissioner  of  the  Land  Office, 

7.  Attorney  General, 

8.  Superintendent  of  Public  Instruction. 


STATE    OFFICERS. 


Governor. — The  Governor  is  the  chief  executive  officer  of 
the  State.  It  is  his  duty  to  look  after  the  general  interests  of 
the  State,  and  to  see  that  the  laws  are  faithfully  executed  and 
enforced  in  all  parts  of  the  State.     He  is  required, — 

X.  To  give  to  the  Legislature  in  formation,  by  message,  of 
the  condition  of  the  State,  call  their  attention  to  mat- 
ters of  State  interest,  and  recommend  such  measures  as 
he  may  deem  expedient. 

2.  To  convene  the  Legislature  when  matters  arise  which 
require  their  immediate  attention. 

3.  To  preserve  peace  and  good  order  within  the  State, 
suppress  riots,  and  repel  invasion.  To  this  end  the 
Governor  is  Commander-in-Chief  of  all  the  military 
forces  of  the  State. 

4.  To  fill  vacancies  in  State  offices,  and  to  appoint  certain 
State  boards. 

The  Governor  has  the  power  to  grant  pardons  or  to  lessen 
the  severity  of  a  sentence.  He  is  aided  in  the  performance 
of  his  various  duties, — 

I.     By  the  State  officers ; 

a.     By  boards  and  commissioners. 

No  person  is  eligible  to  the  office  of  Governor  or  Lieutenant  Governor 
who  has  not  been  a  citizen  of  the  United  States  for  five  years,  and  a  resident 
of  the  State  for  two  years.  He  must  also  have  attained  the  age  of  thirty 
years. 

Lieutenant  Governor, — ^The  Lieutenant  Governor,  by  vir- 
tue of  his  office,  is  the  presiding  officer  of  the  Senate.  If 
there  is  a  vacancy  in  the  office  of  Governor,  or  the  Governor 
is  absent  from  the  State,  or  is  incapable  of  performing  the 
duties  of  his  office,  the  Lieutenant  Governor  takes  his  place 
and  performs  his  duties. 


CIVIL   GOVERNMENT. 


Secretary  of  State. — This  officer  preserves  all  books  and 
papers  belonging  to  the  State,  and  keeps  a  record  of  the  offi- 
cial acts  and  proceedings  of  the  legislative  and  executive 
departments.     He  is  required, — 

1.  To  countersign  all  commissions  and  proclamations 
issued  by  the  Governor ; 

2.  To  publish  and  properly  distribute  the  laws  of  the 
State ; 

3.  To  receive  returns  of  State  and  national  elections, 
and  reports  from  corporations  organized,  under  the 
State  law ; 

4.  To  perform  various  other  duties. 

Treasurer. — The  Treasurer  receives  and  has  charge  of  all 
money  belonging  to  the  State.  He  is  required  to  make  an 
annual  report  to  the  Legislature  of  all  money  received  and  paid 
out  by  him  during  the  year,  and  of  the  amount  remaining  in 
the  treasury.  No  money  can  be  paid  out  of  the  treasury 
except  in  pursuance  of  appropriations  made  by  law. 

The  Treasurer  is  obliged  to  give  bonds,  for  the  faithful  performance  of 
his  duties,  to  the  sum  of  one  hundred  and  fifty  thousand  dollars. 

Auditor  General. — The  Auditor  General  is  required  to 
examine  the  Treasurer's  account  of  money  received  and  paid 
out  by  him,  and  the  money  in  the  treasury,  and  he  makes  a 
complete  statement  to  the  Legislature  of  the  funds  and  reve- 
nues of  the  State,  together  with  such  recommendations  for  the 
improvement  of  the  financial  condition  of  the  State  as  he 
may  deem  expedient.  He  examines  all  claims  against  the 
State  and  orders  the  payment  of  those  that  are  just ;  superin- 
tends the  collection  of  money  due  to  the  State,  and  appor- 
tions the  State  tax  among  the  several  counties.  He  is  the 
guardian  of  the  public  treasury.     No  money  can  be  paid  out 


STATE   OFFICERS.  II 


of  the  treasury  except  on  the  warrant  of  the  Auditor  General, 
and  all  receipts  for  money  paid  to  the  Treasurer  must  be 
countersigned  by  him. 

Commissioner  of  the  Land  Office. — The  Commissioner  of 
the  Land  Office  has  the  general  charge  and  supervision  of  all 
lands  belonging  to  the  State,  and  he  is  authorized  to  sell  or 
dispose  of  them  in  such  a  manner  as  may  be  prescribed  by 
law. 

Attorney  General. — ^The  principal  duties  of  the  Attorney 
General  are, — 

X.  To  give  his  opinion  upon  all  questions  of  law  submitted 
to  him  by  any  State  officer  or  by  the  Legislature  ; 

3.  To  advise  with  Prosecuting  Attorneys  in  all  matters 
pertaining  to  the  duties  of  their  office,  when  so 
requested  by  them ; 

3.  To  prosecute  and  defend  all  actions  in  the  Supreme 
Court  in  which  the  State  is  interested,  and  appear  for 
the  people  of  the  State  in  all  suits,  when  requested  by 
the  Governor  or  by  either  branch  of  the  Legislature. 

Superintendent  of  Public  Instruction. — The  Superinten- 
dent of  Public  Instruction  has  the  general  supervision  of  the 
educational  interests  of  the  State.  It  is  his  duty  to  promote, 
as  far  as  possible,  the  efficiency  of  the  public  school  system. 
Institutions  of  learning  are  at  any  time  subject  to  his  visita- 
tion and  examination,  and  they  are  annually  required  to 
report  to  him  their  condition  and  progress. 

Boards  and  Commissioners. — Certain  boards  and  commis- 
sioners are  selected  to  assist  the  Governor  in  the  performance 
of  his  duties.  They  have  the  general  supervision  and  control 
of  various  State  institutions,  and  they  perform  duties  which 
concern  the  welfare  of  the  whole  State.  These  boards  and 
commissioners  are  selected  in  three  ways : — 


CIVIL   GOVERNMENT. 


1.  Some  are  appointed  by  the  Governor  with  the  advice 
and  consent  of  the  Senate. 

2.  Others  are  elected  by  the  people. 

3.  State  officers  by  virtue  of  their  office  serve  on  certain 
State  boards. 

State  Legislature. — The  State  Legislature  is  composed  of 
two  houses,  the  Senate  and  the  House  of  Representatives.  The 
Senate  consists  of  thirty  two  members,  and  the  House  of  one 
hundred.  The  Legislature  enact  laws,  devise  means  for  raising 
money  to  meet  the  public  expenses  of  the  State,  and  perform 
such  other  duties  as  the  Constitution  and  laws  of  the  State 
require.  They  have  power  to  confer  upon  the  Boards  of 
Supervisors  of  the  several  counties,  and  upon  organized  town- 
ships, and  incorporated  villages  and  cities,  such  local  powers 
of  legislation  and  administration  of  affairs  as  they  deem 
proper.     Members  of  the  Legislature  are  elected  for  two  years. 

Supreme  Court. — The  Supreme  Court  is  the  highest  judicial 
court  in  the  State.  It  consists  of  one  Chief  Justice  and  three 
Associate  Judges.  They  have  a  superintending  control  over 
all  the  courts  of  the  State,  and  they  decide  points  of  law 
appealed  to  them,  for  their  decision,  by  the  lower  courts. 
Questions  as  to  the  constitutionality  of  any  legislative  enact- 
ment are  decided  by  this  court.  The  Judges  are  elected  for 
eight  years,  one  being  elected  every  two  years. 

Laws  enacted  by  the  Legislalun  must  not  conflict  with  any  of  the 
requirements  of  the  State  Cuustitutiod 


STATE    OFFICERS. 


»3 


STATE  OFFICERS. 

The  Chief  Executive. — Governor. 

I'PESiDiNG  Officer  of  the  Senate. — Lieutenant  Governor. 

f  Secretary  of  State, 
I  State  Treasurer, 
Assistant  Executive   |  Auditor  General, 

}  Commissioner  of  the  Land  Ollice, 

Attorney  General, 
L  Superintendent  of  Public  Instruction. 


Officers. 


T..EGISLATIVE. 


\  Senators, 

1  Representatives. 


Judicial. 


fchi 

J  Ass< 


Chief  Justice  of  the  Supreme  Court, 
Associate  Judges. 


Boards  and  Commissioners. 


SALARIES. 

Governor,  .  -  -  - 

Lieutenant  Governor, 

Secretary  of  State,  -  -  - 

Deputy  Secretary  of  State, 

State  Treasurer, 

Deputy  State  Treasurer, 

Auditor  General, 

Deputy  Auditor  General, 

Commissioner  of  the  Land  Office, 

Deputy  Commissioner  of  the  Land  Office, 


(0 


;gi,ooo 


800 
1,800 
1,000 
1,800 
1,000 
1,800 

Soo 
1,800 


14  CIVIL    GOVKKNMKNF. 

Attorney  General,  .  .  -  -  800 
Superintendent  of  Public  Instruction,  -  -  1,000 
Deputy  Superintendent  of  Public  Instruction,  1,800 
Judges  of  the  Supreme  Court,  -  -  -  4,000 
Members  of  the  Legislature,       -  -  "  (0 

(1)  The  Lieutenant  Governor,  when  perrorming  the  duties  of  Governor, 
receives  the  same  compensation.  As  presiding  officer  of  the  Senate,  he 
receives  the  same  compensation  as  other  members  of  the  Senate. 

(2)  Members  of  the  Legislature  receive  three  dollars  a  day  while  the 
Legislature  is  in  session,  and  ten  cents  a  mile  for  expenses  in  going  to  and 
returning  from  the  place  of  meeting.  The  Legislature  may  allow  extra 
compensation  to  members  from  the  Upper  Peninsula,  of  not  to  exceed  two 
dollars  a  day.  They  are  supposed  to  attend  a  session  at  a  greater  incon- 
venience than  those  from  the  Lower  Peninsula.  When  the  memt>ers  are 
convened  in  extra  session,  their  compensation  is  three  dollars  per  iay,  foi 
the  first  twenty  days,  and  nothing  afterwards.  This  is  for  the  purpose  ol 
limiting  the  length  of  the  extra  session. 


COUNTY  OFFICERS.  1 5 


CHAPTER  n. 


COUNTY  OFFICERS. 

Counties. — It  would  not  be  possible  for  the  different  State 
departments  to  attend  to  the  public  business  and  the  special 
wants  of  every  part  of  the  State.  All  that  they  can  do  is  to 
superintend  the  welfare  of  the  State  as  a  whole.  Then, 
again,  regulations  that  might  be  needed  in  one  part  of  the 
State  might  be  unnecessary  or  detrimental  to  the  interests  of 
another,  so  that  there  are  certain  matters  that  must  necessarily 
be  left  to  the  decision  of  the  people  of  limited  districts  of 
territory.  The  State  is  accordingly  subdivided  into  counties 
and  officers  are  appointed  in  each  county  to  attend  to  its  more 
immediate  interests.  This  division  is  necessary  for  three 
reasons : — 

1.  The  Governor,  and  other  executive  State  officers,  can 
not  personally  see  to  it  that  the  laws  are  executed  and 
enforced  in  all  parts  of  the  State,  without  the  assistance 
of  local  executive  officers. 

2.  The  Legislature  can  not  always  adopt  measures  that 
will  meet  the  special  wants  of  every  part  of  the  State. 

3.  It  is  necessary  that  local  courts  should  be  established 
in  all  parts  of  the  State,  so  that  the  rights  of  ever) 
citizen  may  be  the  better  protected,  and  justice  be  more 
readily  administered. 

In  England,  the  word  shire  is  equivalent  to  our  word  county;  in  Prussia, 
province  nearly  corresponds  to  it ;  in  France,  department. 


i6  CIVIL    GOVERNMENT. 


County  Officers. — At  the  general  election,  when  State  ofl5- 
cers  are  elected,  the  following  county  officers  are  also  elected : 

1.  Sheriff, 

2.  Clerk, 

3.  Treasurer^ 

4.  Register  of  Deeds, 

5.  Prosecuting  Attorney, 

6.  Surveyor, 

7.  Coroners, 

8.  Circuit  Court  Commissioners, 

9.  Probate  Judge.  /i'^--^. 

These  officers,  with  the  exception  of  Probate  Judge,  are 
elected  for  two  years. 

The  officers  mentioned  above,  with  the  exception  of  Prosecuting 
Attorney,  are  required  to  give  bonds  to  an  amount  designated  by  law,  for 
the  faithful  performance  of  their  duties. 

County  Seat — In  every  county,  some  town  is  selected  where 
the  business  of  the  county  is  transacted.  This  is  called  the 
county  seat.  Here  there  is  a  court-house,  a  jail,  county  offi- 
ces, and  other  public  buildings.  The  county  seat  stands  in 
about  the  same  relation  to  the  county  that  the  city  of  Lansing 
stands  to  the  State. 

Sheriff. — The  Sheriff  is  the  principal  executive  officer  of 
the  county.     He  is  required, — 

I.  To  preserve  peace  and  good  order  within  the  county. 
To  do  this  he  may  demand  the  aid  of  others,  and  even 
employ  the  assistance  of  any  portion  of  the  State 
troops, 
a.  To  attend  all  the  sessions  of  the  Circuit  Court  when 
held  within  the  county,  preserve  order  in  the  court 
room,  and  execute  all  writs  and  orders  of  the  court. 


COUNTY   OFFICERS.  1 7 


3.     To  take  charge  of  the  county  jail.     He  is  responsible 

for  the  safe  keeping  of  the  prisoners  confined  in  the 

jail. 

The  Sheriff  appoints  an  under  sheriff  and  deputies  to  assist 

him  in  the  performance  of  his  duties.     He  is  held  responsible 

for  their  acts. 

1.  The  Sheriff  is  prohibited  by  law  from  holding  the  office  longer  than 
four  years  in  any  period  of  six  years.  He  does  not  receive  a  salary,  but  he 
receives  certain  fees  fixed  by  law. 

2.  When  there  is  a  vacancy  in  the  office  of  Sheriff,  the  under  sheriflF 
performs  the  duties  of  the  office,  until  another  Sheriff  is  elected. 

Clerk. — The  County  Clerk  is  the  clerk  of  the  Board  of 
Supervisors.  It  is  his  duty  to  keep  a  record  of  the^roceed- 
ings  of  the  Board,  preserve  all  accounts  acted  on  by  them, 
and  perform  such  other  duties  as  they  may  require.  He  is 
also  clerk  of  the  Circuit  Court,  when  it  is  held  within  the 
county.     He  is  required, — 

1.  To  keep  a  journal  of  the  proceedings  of  the  Circuit 
Court,  and  preserve  all  books  and  papers  belonging  to 
the  office ; 

2.  To  administer  oaths  to  witnesses  and  jurors ; 

3.  To  keep  a  record  of  births,  deaths,  and  marriages  ; 

4.  To  draw  the  grand  and  petit  juries,  and  to  perform 
various  other  duties. 

The  Clerk  is  required  to  appoint  one  or  more  deputies,  and  to  designate 
one  of  them  as  his  successor,  in  case  of  a  vacancy  in  the  office.  He 
receives  both  a  salary  and  fees,  the  salary  being  fixed  by  the  Board  of  Super- 
visors. 

•    Treasurer, — ^The  Treasurer,  among  his  other  duties,  is 
required, — 

X.  To  receive  and  have  charge  of  all  money  belonging 
to  the  county  ; 


1 8  CIVIL   GOVERNMENT. 


2,  To  receive  from  the  Township  Treasurers  the  State  tax, 
and  pay  it  over  to  the  State  Treasurer ; 

3.  To  conduct  the  annual  sales  of  lands  on  which  the 
taxes  have  not  been  paid. 

Money  is  paid  out  of  the  county  treasury  on  the  order  of 
the  Board  of  Supervisors.  Money  orders  are  signed  by  the 
clerk  and  countersigned  by  the  chairman  of  the  Board. 

1.  Moneys  paid  to  the  Treasurer  on  account  of  fines,  forfeitures,  penal- 
tics,  and  recognizances,  are  kept  separate  and  distinct  from  all  other  accounts, 
and  credited  to  the  school  library  fund,  and  paid  over  to  the  Treasurers  of 
the  several  townships,  according  to  the  number  of  school  children  in  each 
township. 

2.  The  treasurer  receives  a  salary,  fixed  by  the  Board  of  Supervisors, 
and  fees.  If  there  is  a  vacancy  in  the  office,  the  deputy  performs  his 
duties.  The  Board  of  Supervisors  may,  however,  select  another  Treasurer, 
if  the  interests  of  the  county  so  require. 

Register  of  Deeds. — It  is  the  duty  of  the  Register  of  Deeds 
to  keep  a  record  of  all  deeds,  mortgages,  and  other  papers 
which  are  required  by  law  to  be  recorded.  In  this  way  it  can 
be  readily  ascertained  when  property  is  mortgaged,  and  to 
what  extent,  and  whether  the  legal  title  is  good..  All  trans- 
fers of  property  and  legal  instruments  are  in  this  way  pre- 
served, so  that  they  can  easily  be  referred  to  at  any  time,  by 
interested  parties. 

The  Register  of  Deeds  receives  a  certain  amount,  prescribed  by  law,  for 
every  one  hundred  words  recorded.     He  receives  other  fees,  but  no  salary. 

Definitions. — A  deed  is  an  instrument  in  writing,  by  which 
real  estate  is  transferred  from  one  person  to  another. 

A  mortgage  is  the  conveyance  of  land  to  another  ag 
security  for  the  payment  of  a  debt. 

A  title  is  the  evidence  of  such  right  or  ownership  as  a 
person  has  in  property. 


COUNTY   OFFICERS.  1 9 


Prosecuting  Attorney. — The  Prosecuting  Attorney  is  the 
legal  officer  of  the  county.  It  is  his  principal  duty  to  prose- 
cute all  persons  who  have  been  guilty  of  any  crime  within 
the  county,  give  legal  advice  to  county  officers  in  the  discharge 
of  their  duties  when  so  requested,  and  prosecute  and  defend 
all  suits  in  the  county  in  which  the  county  is  interested. 

The  Prosecuting  Attorney  recsives  a  salary,  but  no  fees.  The  salary  is 
fixed  by  the  Board  of  Supervisors. 

Surveyor. — The  Surveyor  makes  such  surveys  in  the  county 
as  are  required  by  any  court  or  any  person  residing  in  the 
.  ounty.  He  determines  the  location  and  boundaries  of  lands, 
and  keeps  a  record  of  all  surveys  made  by  himself  or  his 
deputies.  All  surveys  are  required  to  be  made  in  accordance 
with  certain  principles  established  by  law,  so  that  there  may 
be  a  uniform  system  of  land  surveying  in  the  several  counties 
of  the  State. 

1.  The  Surveyor  and  his  deputies  receive  a  compensation  of  not  less 
tlia  ji  four  dollars  a  day  and  fees. 

2.  When  there  is  a  vacancy  in  the  office,  the  Prosecuting  Attorney  and 
iie  County  Clerk  may  appoint  some  one,  for  the  time  being,  to  perform  the 
la  ties  of  Surveyor. 

Coroners, — Two  Coroners  are  elected  in  each  county  to 
investigate  the  causes  of  all  sudden  and  suspicious  deaths 
within  the  county.  When  a  dead  body  is  found,  a  coroner's 
jury  of  six  men  is  assembled  to  ascertain,  if  possible,  the  cause 
of  the  death,  and  if  they  have  reason  to  believe  that  murder 
has  been  committed,  a  verdict  to  that  effect  is  rendered,  and 
information  of  the  fact  is  filed  with  the  proper  authorities. 
Their  duty  is  an  important  one,  and  is  designed  to  make  life 
more  secure.  Coroners  are  sometimes  required  to  perform  the 
duties  of  a  Sheriff.  This  is  when  the  Sheriff  is  an  interested 
party  in  a  suit. 


CIVIL   GOVERNMENT. 


A  vacancy  in  the  office  of  Coroner  is  filled  in  the  same  manner  as  in 
that  of  Surveyor.     The  Coroners  receive  fees. 

Circuit  Judge. — A  Circuit  Judge  is  elected  in  what  is  called 
a  judicial  circuit,  which  usually  consists  of  two  or  more  coun- 
ties. He  goes  from  one  county  to  another,  and  at  specified 
times  holds  a  session  of  the  Circuit  Court  in  each  county 
within  the  limits  of  his  circuit ;  so  that  he  may  be  properly 
called  one  of  the  judicial  officers  of  the  county,  although  he 
is  elected  in  a  district  composed  of  several  counties.  It  is  the 
duty  of  the  Circuit  Judge  to  preside  at  all  sessions  of  the  Cir- 
cuit Court.  He  is  elected  at  the  spring  election  in  April,  for 
a  term  of  six  years. 

1.  The  first  circuit  consists  of  the  Counties  of  Lenawee  and  Hillsdale ; 
the  second  of  Cass  and  Berrien ;  the  third  of  Wayne;  etc. 

2.  The  salary  of  a  Circuit  Judge  is  two  thousand  five  hundred  dollars 
annually,  without  any  fees  or  perquisites  whatever. 

Circuit  Court  Commissioners. — In  each  county  of  the  State 
there  is  a  Circuit  Court  Commissioner,  and  in  some  of  the 
larger  counties  there  are  two.  They  are  authorized  to  perform 
all  the  duties  and  execute  all  the  powers,  in  all  civil  cases, 
which  a  Circuit  Judge  may  perform  and  execute  out  of  court, 
subject,  however,  to  certain  limitations.  They  may,  in  other 
words,  perform  many  of  the  duties  that  a  Circuit  Judge  would 
be  obliged  to  perform,  if  it  were  not  for  their  assistance. 

1.  Testimony  in  a  chancery  suit  may  be  taken  by  a  Circuit  Court  Com- 
missioner, and  injunctions  may  also  be  granted  by  this  officer.  Circuit 
Court  Commissioners  receive  fees,  not  a  salary. 

2.  In  counties  containing  a  population  of  twenty  thousand  inhabitants, 
two  Circuit  Court  Commissioners  are  required  to  be  elected. 

3.  The  Governor  is  authorized  to  fill  any  vacancy  in  this  office. 

Probate  Judge. — In  each  county,  a  Probate  Judge  is  elected 
for  a  term  of  four  years.     The  election  occurs  at  the  same 


COUNTY   OFFICERS.  2T 


time  as  that  of  Sheriff,  Clerk,  Treasurer,  etc.,  with  this  differ- 
ence, that  a  Probate  Judge  is  elected  once  in  four  years,  while 
other  county  officers  are  elected  every  two  years.  The  Pro- 
bate Judge  has  jurisdiction  over  all  matters  pertaining  to  the 
settlement  of  the  estates  of  deceased  persons. 

The  salary  of  Probate  Judge  in  the  county  of  Wayne,  is  three 
thousand  five  hundred  dollars.  In  counties  having  a  population  of  not 
less  than  seventy  thousand,  the  salary  is  two  thousand  dollars;  in  counties 
having  less  than  seventy  thousand  and  more  than  forty  thousand  inhabit- 
ants, fifteen  hundred  dollars,  etc,  the  salary  varying  according  to  the 
population  of  a  county.  The  Governor  is  authorized  to  fill  any  vacancy 

in  the  office  of  Probate  Judge. 

Board  of  Supervisors, — In  each  county  there  is  a  county 

Board  of  Supervisors,  consisting  of  one  Supervisor  from  each 

township,  and  one  from  each  ward  of  a  city.     The  Board  of 

Supervisors  is  a  legislative  body.     They  are  the  representatives 

of  the  county,  and  they  adopt  measures  for  its  general  welfare. 

It  is  their  duty, — 

1.  To  have  general  care  and  supervision  of  the  county 
buildings,  as  the  court-house,  jail,  etc.  \ 

2.  To  provide  for  the  raising  of  money  to  meet  the  cur- 
rent expenses  of  the  county,  and  fix  the  salaries  of 
certain  county  officers,  as  Clerk,  Treasurer,  Prosecut- 
ing Attorney,  Probate  Judge ; 

3      To  apportion  the  State  and  county  tax  among  the  sev 
eral  townships ; 

4.  To  equalize  the  taxes  'among  the  townships  of  the 
county; 

5.  To  examine  and  settle  all  claims  against  the  county 
and  order  the  payment  of  those  thaj  are  just ; 

6'.     To  divide  the  county  into  representative  districts  ; 
7.     To  form  new  townships  and  alter  %he  boundaries  o . 
others. 


CIVIL   GOVERNMENT. 


In  Wayne  county  there  is  a  Board  of  County  Auditors,  as  well  as  a 
Board  of  Supervisors,  The  Board  of  Auditors  perform  all  the  duties  that 
are  usually  performed  by  a  Board  of  Supervisors,  except  those  relating  to 
taxes.  The  equaliizing  of  the  taxes  among  the  several  townships,  the 
apportionment  of  the  State  and  county  tax,  and  all  other  matters  connected 
with  the  assessment  and  collection  of  taxes,  are  powers  exercised  by  the 
Board  of  Supervisors. 

Superintendents  of  the\Poor. — In  every  county,  three  Super- 
intendents of  the  Poor  are  elected  by  the  Board  of  Supervisors. 
They  have, — 

1.  The  care  of  the  poor  of  the  county ; 

2.  The  general  management  of  the  county  poor-house, 
and  the  appointment  of  a  keeper  and  other  necessary 
officers. 

The  Superintendents  of  the  Poor  are  also  inspectors  of  jails. 

The  Superintendents  are  elected  for  three  years,  one  being  elected  each 
year.  The  Board  of  Supervisors  allow  them  such  a  sum  for  the  perform- 
ance of  their  duties  as  they  deem  proper. 

The  Poor, — Poor  persons  needing  relief  are  usually  sup- 
ported at  the  expense  of  the  county  in  which  they  reside. 
When  a  poor  person  needs  only  temporary  relief,  a  Superin- 
tendent of  the  Poor  or  a  Supervisor  is  authorized  to  supply  his 
immediate  necessities.  If,  however,  it  is  evident,  on  examin- 
ation, that  a  person  is  unable  to  support  himself,  and  that  he 
needs  permanent  relief,  he  is  sent  to  the  county  poor-house, 
and  supported  at  the  expense  of  the  county,  under  the  direc- 
tion of  the  Superintendents  of  the  Poor. 

Township  and  County  Poor. — In  a  few  counties  of  the  State, 
there  is  a  distinctiqp  made  between  township  poor  and  county 
poor.  If  a  poor  person  has  resided  in  a  township  for  one 
year,  he  is  said  td  have  gained  a  settlement  in  the  township, 
and  if  he  needs  relief,  it  is  furnished  at  the  expense  of  the 


COUNTY    OFFICERS. 


23 


township.     If  such  a  person  has  not  gained  a  legal  settlement, 
he  is  supported  at  the  expense  of  the  county. 

COUNTY  OFFICERS. 


Sheriff, 

Clerk, 

Treasurer, 

Register  of  Deeds, 

Prosecuting  Attorney, 

Surveyor, 

Coroner, 

Superintendents  of  the  Poor. 


FJXECUTIVE. 


1 


Circuit  Judge, 

Circuit  Court  Commissioners, 

Probate  Judge. 


JUDICTAL. 

Legislativi£.    {   Board  of  Supervisors, 


J4  CIVIL    GOVERNMENT 


CHAPTER  III 


TOWNSHIP  OFFICERS. 

Townships. — The  State  is  not  only  divided  into  counties, 
but  each  county  is  divided  into  smaller  divisions  called  town- 
ships. The  township  is  the  smallest  division  of  our  political 
system.  It  approximates  to  a  pure  democracy.  Here  the 
people  meet  together  to  discuss  the  affairs  of  the  township, 
and  to  adopt  measures  for  the  general  welfare. 
A  ward  in  a  city  corresponds  to  a  township  in  the  county. 

T^ownship  Meetings. — The  annual  meeting  of  each  town- 
ship is  held  x>n  the  first  Monday  in  April.  At  this  annual 
meeting  officers  are  elected,  money  is  appropriated  to  meet 
the  expenses  of  the  township,  and  matters  of  interest  con- 
nected with  the  township  are  discussed.  Townships  have 
been  truly  called  the  nurseries  of  a  free  government.  Their 
influence  can  not  be  overestimated.  In  them  the  people 
learn  the  art  of  self-government. 

Special  meetings  of  the  township  may  be  ordered  by  the  Township 
Board  to  fill  vacancies  or  transact  business. 

Township  Officers. — ^At  the  annual  meeting  of  the  town- 
ship the  following  officers  are  elected  : — 

1.  Supervisor, 

2.  Clerk, 

3.  Treasurer, 

4.  Schoo]    inspector, 


TOWNSHIP    OFFICERS  25 


5.  Highway  Commissioner, 

6.  Drain  Commissioner, 

7.  Justices  of  the  Peace, 

8.  Constables. 

Township  officers  are  elected  for  one  year,  with  the  ex- 
ception of  Justices  of  the  Peace,  who  are  elected  for  four 
years,  and  School  Inspectors  and  the  Drain  Commissioner, 
who  are  elected  for  two  years. 

1.  Most  of  the  township  officers  are  obliged  to  give  bonds  for  the  faith- 
ful performance  of  their  duties. 

2.  When  there  is  a  vacancy  in  any  township  office,  except  Justice  of  the 
Peace  and  Treasurer,  the  Township  Board  may  make  a  temporary  appoint- 
ment, until  a  special  town  meeting  is  held  for  the  purpose  of  choosing  some 
one  to  fill  the  vacancy.  If  the  office  of  Treasurer  is  vacant,  the  Township 
Board  is  authorized  to  fill  the  vacancy  for  the  remainder  of  the  term.  A 
vacancy  in  the  office  of  Justice  of  the  Peace  may  be  filled  by  a  special 
township  meeting. 

Supervisor. — ^The  Supervisor  is  the  principal  officer  of  the 
township.     He  is, — 

1.  The  moderator  of  all  township  meetings  for  the  trans- 
action of  any  business,  except  the  election  of  township 
officers. 

Certain  officers  designated  by  law  have  charge  of  elections. 

2.  The  chairman  of  the  Township  Board,  and  a  member 
of  the  Board  of  Supervisors  of  the  county. 

3.  The  representative  of  his  township  in  the  transaction 
of  all  legal  business.  The  township  sues  through  him, 
and  all  processes  against  the  township  are  served  upon 
him. 

The  Supervisor  is  annually  required  to  make  out  a  complete 
list  of  all  persons  liable  to  be  taxed,  together  with  a  correct 
valuation  of  all  taxable  property.  He  then  assesses  upon  the 
property  of  each,  his  proportion  of  the  tax  to  be  raised  for 


26  CIVIL   GOVERNMENT. 


State,  county,  and  township  purposes.  This  tax-list  is  handed 
over  to  the  Township  Treasurer  for  collection.  He  also 
provides  temporary  relief  for  the  poor  of  his  township,  and 
performs  various  other  duties. 

Every  tenth  year  the  Supervisor  is  required  to  take  a  census  of  all  the 
inhabitants  of  his  township,  and  every  year  he  is  also  required  to  ascertain 
the  number  of  births  and  deaths  during  the  year.  He  reports  the  results 
to  the  County  Clerk. 

Clerk. — The  Township  Clerk  is  required  to  keep  a  correct 
report  of  the  proceedings  of  the  Township  Board  and  of  town- 
ship meetings.  He  has  the  custody  of  the  records,  books,  and 
papers  of  the  township,  keeps  an  account  of  all  funds  received 
and  paid  out  by  the  Treasurer,  and  performs  many  other 
duties. 

The  Clerk  is  a  member  of  the  Township  Board  and  of  the  Board  of 
School  Inspectors.  He  appoints  a  deputy,  who  discharges  his  duties  in 
case  of  absence,  sickness,  or  death. 

Treasurer, — ^The  Treasurer  receives  and  has  charge  of  all 
money  belonging  to  the  township,  keeps  an  account  of  all 
receipts  and  expenditures,and  accounts  to  the  Township  Board 
for  all  money  received  or  paid  out  by  him.  Money  is  paid 
out  of  the  township  treasury  on  the  order  of  the  Township 
Board,  signed  by  the  clerk  and  countersigned  by  the  chairman. 
The  Treasurer  collects  the  taxes,  and  pays  over  to  the  County 
Treasurer  the  State  and  county  tax. 

No  one  is  eligible  to  the  ofl&ce  of  Township  Treasurer  for  more  than 
two  years  in  succession. 

School  Inspectors. — The  School  Inspectors  are  members 
of  the  Township  Board  of  School  Inspectors,  whose  duty 
it  is  to  divide  the  township  into  school  di^ricts,  and  to  regu- 
late and  alter  boundaries  as  circumstances  render  necessary. 
They  also  receive  from  the  Township  Treasurer  all  money 


TOWNSHIP   OFFICERS.  2^ 

belonging  to  the  township  Ubrary,  they  purchase  books,  and 
have  the  general  management  of  the  library.  The  Board 
of  Inspectors  consists  of  the  School  Inspectors  and  the 
Township  Clerk. 
"^  Highway  Commissioner, — The  Commissioner  of  Highwajrs 
has  the  general  care  and  supervision  of  all  highways  and 
bridges  within  the  township.  He  has  the  power,  within  cer- 
tain limitations,  of  establishing  new  roads  and  discontinuing 
old  ones.  It  is  his  duty  to  divide  the  township  into  road 
districts,  and  to  select  persons  residing  within  each  district  to 
work  on  the  highways.  Over  each  district  is  placed  an  Over- 
seer of  Highways. 

Overseers  of  Highways. — ^At  each  annual  meeting  of  the 
township,  one  Overseer  of  Highways  is  appointed  for  each  road 
district.  It  is  his  duty  to  repair  and  keep  in  order  all  the 
highways  within  his  district,  see  that  persons  assessed  to  work 
on  the  highways  perform  their  duties,  cause  all  noxious  weeds 
within  the  limits  of  the  highways  to  be  destroyed,  and  execute 
the  orders  of  the  Commissioner  of  Highways. 

If  the  township  meeting  neglects  to  elect  Overseers  of  Highways,  or 
there  should  be  a  vacancy  in  the  office,  it  is  the  duty  of  the  Commissioner 
of  Highways  to  fill  any  such  vacancy. 

Fence  Viewers. — Overseers  of  Highways  act  as  Fence 
Viewers.  It  is  their  duty  to  settle  disputes  respecting  the 
building  of  partition  fences.  If  persons  occupying  adjoin- 
ing lands  are  unable  to  agree  in  regard  to  the  building  or 
repairing  of  a  partition  fence,  a  complaint  may  be  made,  by 
either  one  of  the  parties,  to  two  or  more  Fence  Viewers  of 
the  Township.  The  Fence  Viewers  after  due  notice  to  each 
party,  and  after  proper  examination,  assign  to  each  his 
share  of  the  fence  to  be  built  or  repaired,  and  designate  the 
time  within  which  the  work  must  be  done. 


28  CIVIL   GOVERNMENT. 


1.  Fence  viewers  are  paid  one  dollar  a  day  by  the  persons  employing 
them. 

2.  It  is  the  duty  of  the  occupants  of  adjoining  lands  to  keep  up  and 
maintain  partition  fences  in  equal  shares,  so  long  as  both  parties  continue 
to  improve  the  lands. 

Drain  Commissioner, — It  is  necessary  that  there  should  be 
a  uniform  system  of  drainage  within  a  township,  and  for  this 
reason  an  officer  is  elected  to  supervise  the  construction  of  all 
drains.  This  officer  is  called  a  Drain  Commissioner.  It  is  his 
duty  to  establish  and  open  up  all  water-courses  within  his 
township,  to  locate  and  construct  ditches  or  drai-ns,  and  to 
alter  or  extend  those  already  established.  The  Drain  Com- 
missioner is  elected  for  a  term  of  two  years. 

When  there  is  a  vacancy  in  this  office,  it  is  the  duty  of  the  Township 
Hoard  to  fill  the  vacancy. 

Justices  of  the  Peace, — Justices  of  the  Peace  are  the  judicial 
officers  of  the  township,  and  are  elected  for  a  term  of  four 
years,  one  being  elected  each  year.  They  issue  warrants  and 
orders,  administer  oaths,  and  have  jurisdiction,  within  their 
own  township,  of  offenses  of  minor  importance.  They  may  also 
try  offenses  committed  in  a  neighboring  township  of  the  same 
county.  A  Justice  of  the  Peace  is  authorized  to  solemnize 
marriages. 

Justices  of  the  Peace,  as  well  as  ministers,  are  required  to  make  a 
record  of  all  marriages  solemnized  by  them,  and  to  send  a  copy  of  each  to 
the  County  Clerk. 

Constables. — Constables  are  the  ministerial  officers  of  the 
Justices  of  the  Peace.  Their  duties  in  the  township  and  in  a 
Justice's  Court  correspond,  in  a  great  measure,  to  the  duties  of 
a  Sheriff.  They  preserve  the  public  peace  of  the  township, 
arrest  disorderly  persons,  have  the  custody  of  prisoners,  and 


TOWNSHIP   OFFICERS.  29 

serve  writs  and  orders  of  the  court.  They  also  attend  upon 
the  sessions  of  the  Circuit  Court  when  notified  to  do  so  by  the 
Sheriff. 

1.  A  ministerial  officer  is  one  who  acts  under  the  orders  of  another,  an 
executive  officer. 

2.  As  many  Constables  are  elected  as  the  township  meeting  may  deter- 
mine. The  number  can  not  exceed  four.  G^nstables  may  serve  papers  in 
any  township  in  their  county. 

Township  Board. — The  Supervisor,  the  two  Justices  of  the 
Peace  whose  term  of  office  soonest  expires,  and  the  Township 
Clerk,  constitute  the  Township  Board.  It  is  the  duty  of  this 
Board  to  examine  the  accounts  of  the  Township  Treasurer,  and 
settle  all  claims  against  the  township.  They  may  call  special 
meetings  of  the  township,  and  fill  vacancies  in  township 
offices. 

The  Township  Board  may  raise  money  for  township  purposes,  when  the 
township  meeting  has  neglected  to  do  so. 

Pound  Masters, — A  pound  is  an  enclosure  in  which  stray 
animals  are  kept  until  they  are  claimed  by  the  owners.  The 
person  having  charge  of  a  pound  is  called  a  Pound  Master. 
The  township  meeting  may  establish  such  regulations  restrain- 
ing domestic  animals  from  running  at  large  as  it  may  deem 
proper,  and  may  maintain  one  or  more  pounds.  Before  the 
owner  can  recover  an  animal  confined  in  a  pound,  he  is 
required  to  pay  the  fees  of  the  Pound  Master,  of  the  person 
driving  the  animal  to  the  pound,  and  for  the  expense  of  keep- 
ing it  there.  A  person  whose  land  has  been  injured  by  some 
stray  animal,  may  cause  it  to  be  confined  in  a  pound,  until 
the  damages  are  paid  for. 

*>•  oexson  drivings  stray  animals  to  a  pound  is  entitled  to  fifty  cents  a 
acad  lor  norses,  cows,  ana  ucner  cattle,  and  ten  cents  a  head  for  sheep 
and  swme.  The  Pound  Master  is  entitled  to  forty  cents  a  head  for  all 
animals  confined  in  the  pound. 


30 


CIVIL   GOVERNMENT. 


TOWNSHIP  OFFICERS. 

Supervisor, 
Clerk, 
Treasurer, 
School  Inspectors, 
Executive.  J  Highway  Commissioner, 

Overseers  of  Highways, 
Fence  Viewers, 
Drain  Commissioner, 
Constables 


Judicial. 


-{  Justices  of  the  Peace. 


Legislative.         .{  Township  Meeting. 


Boards. 


\  Board  of  School  Inspectors, 
J  Township  Board. 


Township  o&cers  do  not  receive  a  salary,  but  are  paid  tor  each  day 
necessarily  devoted  by  them  to  the  service  of  the  township.  The  School 
Inspectors  and  the  Highway  Commissioner  receive  one  dollar  and  a  half 
per  day;  the  Drain  Commissioner,  such  amount,  not  exceeding  three 
dollars  per  day,  as  may  be  fixed  by  the  Township  Board ;  the  clerk,  one 
dollar  and  a  half  per  day  and  fees  j  the  Justices  of  the  Peace  and  Con- 
stables, fees;  members  of  the  various  Boards  in  the  township,  one  dollar 
and  a  half  per  day;  the  Supervisor,  two  dollars  per  day  and  fees.  When 
the  Supervisor  attends  a  meeting  of  the  Board  of  Supervisors,  he  receive* 
three  dollars  per  day  and  mileage.  The  Township  Board  allows  such 
compensation  to  township  officers,  for  services  not  provided  for  by  law^ 
as  thcjT  deem  reasonable; 


CITIES    AND    VILLAGES. 


31 


CHAPTER  lY. 


CITIES  AND  VILLAGES. 

Corporations. — When  a  number  of  persons  are  united  in  a 
permanent  organization,  and  are  authorized  by  the  Legislature 
to  perform  certain  acts  that  they  otherwise  could  not  do,  they 
are  said  to  be  incorporated,  and  they  constitute  what  is  called 
a  corporation.     Corporations  are  created  in  two  ways : — 

1.  By  conforming  with  certain  requirements  of  the  Legis- 
lature ; 

2.  By  a  special  act  of  the  Legislature. 

Kinds  of  Corporations. — Corporations  are  of  three  kinds, — 

1.  Business  corporations;  as,  railroad  companies,  insu- 
rance companies,  banks. 

2.  Literary,  religious,  and  charitable  organizations;  as, 
denominational  colleges,  library  associations,  hospitals. 

3.  Municipal  corporations ;  as,  counties,  townships,  cities, 
villages.  State  institutions. 

Distinguishing  Features  of  a  Corporation, — Every  corpora- 
tion has, — 

1.  A  name  by  which  it  is  known. 

2.  A  continued  existence.  The  individuals  composing  a 
corporation  may  die,  but  "the  rights  and  duties  de- 
scend to  the  successive  members  of  the  corporation." 

3.  A  common  seal.  The  acts  of  a  corporation  are  made 
binding  by  the  fixing  of  the  seal. 

4.  The  capacity  to  sue  and  be  sued. 


32  CIVIL    GOVERNMENT. 


5.  The  power  to  purchase  and  to  hold  property. 

6.  The  power  to  make  by-laws  and  regulations  for  the 
government  of  the  corporation. 

Cities. — In  a  thickly  settled  community,  it  is  impossible 
for  all  the  voters  to  meet  together  to  make  laws  and  to  adopt 
measures  for  the  promotion  of  the  common  welfare,  so  that  it 
becomes  necessary  to  select  certain  persons  to  perform  the 
legislative  functions  of  a  township  meeting,  and  to  attend  to 
the  general  interests  of  the  community.  Not  only  is  it 
necessary  to  select  a  limited  number  to  adopt  measures  for 
the  public  welfare,  but  it  is  also  necessary  that  greater  powers 
should  be  conferred  upon  them  than  upon  a  township  meeting. 
Then,  again,  a  greater  number  of  executive  officers,  with 
more  extensive  powers  than  those  of  township  officers,  is 
needed.  It  will  thus  be  seen  that  a  different  organization  is 
necessary  in  a  thickly  settled  community  than  in  a  township. 
Such  an  organization  is  called  a  city  or  village. 

Incorporation  of  a  City. — ^A  city  is  said  to  be  incorporated 
when  certain  powers  are  conferred  upon  it  by  the  Legislature, 
and  it  is  authorized  to  select  certain  officers.  Any  village  con- 
taining a  population  of  three  thousand  persons  may  be  incor- 
porated as  a  city.  The  instrument  by  which  it  is  incorporated 
is  called  a  charter. 

A  city  is  a  corporate  town  governed  by  a  Mayor  and  a  Board  of 
Aldermen  called  a  Common  Council. 

Charter. — ^A  charter  is  an  act  of  the  Legislature  bestowing 
certain  privileges  and  powers  upon  a  city  or  any  other  cor- 
poration. It  is  really  the  constitution  of  the  city,  as  it  defines 
the  duties  and  powers  of  the  city  officers  and  of  the  Common 
CounciL 


CITIES   AND    VILLAGES.  33 


Ojficers. — In  all  cities,  two  classes  of  officers  are  elected: — 

1 .  City  officers, 

2.  Ward  officers. 

City  Officers. — Although  cities  vary  somewhat  in  the  num- 
ber and  duties  of  their  officers,  the  following  officers  are 
usually  elected : — 

1.  Mayor, 

2.  Clerk, 

3.  Treasurer, 

4.  Collector, 

5.  Street  Commissioner, 

6.  Marshal, 

7.  Justices  of  the  Peace. 

Ward  Officers. — Every  city  is  divided  into  smaller  divisions 
called  wards.  In  each  ward,  the  following  officers  are  elected : — 

1.  Supervisor. 

2.  Constable. 

3.  Two  Aldermen. 

Term  of  Office. — City  and  ward  officers,  like  the  officers 
of  a  township,  are  elected  for  one  year,  with  the  exception  of 
Aldermen,  who  are  elected  for  two  years,  one  being  elected 
each  year.  Justices  of  the  Peace  in  the  city,  as  well  as  in  the 
township,  are  elected  for  four  years,  one  being  elected  each 
year.     The  time  of  election  is  the  first  Monday  in  April. 

Mayor. — ^The  Mayor  is  the  chief  executive  officer  of  a  city. 
He  stands  in  about  the  same  relation  to  the  city  that  the 
Governor  does  to  the  State.  It  is  the  duty  of  the  Mayor  to 
look  after  the  general  interests  of  the  city,  exercise  a  general 
supervision  over  the  several  departments  of  the  city  govern- 
ment, and  see  that  the  laws  of  the  city,  and  the  ordinances 


34  CIVIL   GOVERNMENT. 


and  regulations  of  the  Council,  are  enforced.  He  is  the  pre- 
siding officer  of  the  Common  Council,  and  he  is  required  from 
time  to  time  to  give  information  to  them  concerning  the  affairs 
of  the  city,  and  to  recommend  such  measures  as  he  may  deem 
expedient.  He  is  also  the  conservator  of  the  peace,  and  in 
order  to  preserve  peace  and  good  order,  he  may  exercise  the 
powers  conferred  upon  a  Sheriff,  and  summon  to  his  assistance 
all  able-bodied  citizens,  or  any  portion  of  the  State  troops. 
The  powers  of  a  Mayor  are  very  extensive  and  his  responsibil- 
ities are  very  great. 

The  president  pro  tempore  of  the  Common  Council  performs  the 
duties  of  Mayor  in  his  absence,  or  when  there  is  a  vacancy  in  the  office. 

Clerk. — The  duties  of  a  City  Clerk  correspond,  in  a  great 
measure,  to  the  duties  of  a  Township  Clerk.  He  is  required  to 
keep  a  record  of  the  proceedings  of  the  Common  Council, 
preserve  all  books,  papers,  and  records  of  the  city,  and  coun- 
tersign and  register  all  city  licenses.  He  is  the  general  account- 
ant of  the  city,  examines  all  claims  against  the  city,  and 
reports  them  to  the  Common  Council  for  payment,  keeps  an 
account  of  all  money  received  and  paid  out  by  the  Treasurer, 
and  exercises  a  general  supervision  over  the  financial  interests 
of  the  city.     He  also  keeps  the  seal  of  the  corporation. 

In  some  cities,  a  Comptroller  is  elected  to  perform  the  duties  of  gen- 
eral accountant  instead  of  the  City  Clerk.  The  Clerk  is  sometimes 
called  Recorder. 

Treasurer. — ^The  Treasurer  receives  and  has  charge  of  all 
money  belonging  to  the  city,  keeps  an  account  of  all  receipts 
and  expenditures,  and  accounts  to  the  Common  Council  for 
all  money  received  or  paid  out  by  him.  Money  is  paid  out 
of  the  city  treasury  on  the  order  of  the  Common  Council, 
signed  by  the  Clerk  and  countersigned  by  the  Mayor.     The 


CITIES   AND   VILLAGES.  35 

City  Treasurer  is  also  treasurer  of  the  public  schools  of  the 
city,  and  he  has  the  care  of  all  school  and  library  money. 
¥  Collector. — In  a  township  the  Township  Treasurer  collects 
the  taxes,  but  in  a  city  a  special  officer  is  elected  for  this  pur- 
pose called  a  Collector.  It  is  the  duty  of  this  officer  to  collect 
all  taxes  within  the  city,  and  to  pay  over  to  the  City  Treasurer 
the  city  and  school  taxes,  and  to  the  County  Treasurer  the 
State  and  county  taxes. 

Street  Commissioner. — The  Street  Commissioner  has  the 
general  care  of  all  the  highways,  streets,  bridges,  reservoirs, 
drains,  sewers,  and  public  grounds  within  the  city  limits,  and 
he  is  required  to  superintend  such  labor  and  make  such  repairs 
and  improvements  as  the  Common  Council  may  from  time  to 
time  direct. 

Marshal. — ^The  Marshal  is  chief  of  the  police  of  the  city, 
and  as  a  police  officer  he  is  subject  to  the  direction  of  the 
Mayor.  It  is  his  duty  to  see  that  the  laws  of  the  city,  and  the 
ordinances  and  regulations  of  the  Common  Council,  are 
promptly  enforced.  He  is  required  to  preserve  the  peace  of 
the  city,  and  to  suppress  all  disturbances  and  riots.  In 
order  to  do  this  he  is  vested  with  the  powers  of  a  Sheriff,  and 
may  arrest,  without  a  warrant,  disorderly  persons,  or  persons 
in  the  act  of  breaking  any  of  the  laws  of  the  State  or  of  the 
ordinances  of  the  city,  and  take  them  before  the  proper 
magistrate.  Persons  found  drunk  on  the  streets  may  be 
arrested  by  him  and  imprisoned  until  they  become  sober. 
The  Marshal  is  also  required  to  serve  warrants  for  the  arrest 
of  persons  who  have  violated  any  of  the  ordinances  of  the 
city. 

Justices  of  the  Peace. — Justices  of  the  Peace  have  authority 
to  try  cases  for  violation  of  the  city  ordinances.     They  also 


36  CIVIL   GOVERNMENT, 


exercise  the  same  powers,  and  perform  the  same  duties,  as 
Justices  of  the  Peace  in  the  townships,  and  are  elected  for 
four  years,  one  being  elected  each  year. 

Supervisor. — The  Supervisor  occupies  about  the  same  rela- 
tion to  the  ward  of  a  city  that  the  Township  Supervisor  does 
to  a  township.  He  prepares  a  list  of  all  persons  liable  to  be 
taxed,  together  with  a  correct  valuation  of  the  taxable  prop- 
erty, and  assesses  upon  the  property  of  each  his  proportion  of 
the  taxes.  The  Supervisor  may  provide  temporary  relief  for 
the  poDr  of  his  ward. 

Co.tstabks — Constables  are  required  to  obey  all  lawful 
orders  of  the  Mayor,  Aldermen,  Marshal,  and  Justices  of  the 
Peace,  and  to  discharge  all  the  duties  required  of  them  by 
any  ordinance  or  resolution  of  the  Common  Council.  In  all 
civil  and  criminal  matters,  they  have  the  same  powers  and 
authority  as  Constables  in  townships,  and  may  serve  warrants 
issued  for  the  violation  of  city  ordinances.  One  Constable  is 
elected  in  each  ward. 

Aldermen. — Two  Aldermen  are  selected  in  each  ward  for 
a  term  of  two  years,  one  being  elected  each  year.  It  is  their 
duty  to  aid  in  maintaining  peace  and  good  x)rder  in  the  city, 
and  in  securing  the  faithful  performance  of  duty  by  all  the 
officers  of  the  city.  The  Aldermen  are  members  of  the  Com- 
mon Council. 

Common  Council, — The  Mayor  and  Aldermen  constitute 
the  Common  Counc  il.  The  Common  Council  is  the  legisla- 
tive body  of  the  city,  and  has  the  power  to  pass  such  ordi- 
nances and  regulations  as  the  interests  of  the  city  seem  to 
demand.  They  have  the  general  supervision  of  all  buildings 
and  property  belonging  to  the  city,  and  of  all  highways  and 
bridges ;  they  have  the  power  to  adopt  measures  for  raising  or 


CITIES   AND    VILLAGES.  37 

borrowing  money,  to  erect  and  repair  public  buildings,  to  lay 
out  and  alter  streets,  and  to  make  such  public  improvements 
as  they  may  deem  desirable.  In  short,  they  are  authorized 
to  adopt  such  measures  and  make  such  regulations  as  the  peace 
and  welfare  of  the  city  demand.  The  Mayor  is  chairman  and 
the  City  Clerk  is  the  clerk  of  the  Council. 

1.  The  Taws  passed  by  the  Common  Council  are  called  ordinances. 

2.  A  vacancy  in  the  office  of  Mayor  or  Alderman  must  be  filled  by  a 
special  election,  if  the  vacancy  occurs  more  than  ninety  days  before  the 
annual  election.  A  vacancy  in  the  office  of  Justice  of  the  Peace  is  not 
filled  till  the  next  annual  election.  All  other  vacancies  may  be  filled  by 
a  special  election  or  by  the  Common  Council. 

3.  The  Mayor  and  Aldermen  each  receive  an  annual  salary  of  not  to  exceed 
fifty  dollars.  The  Marshal,  Clerk,  Treasurer,  Collector,  receive  such  sala- 
ries, and  all  other  officers,  whether  elected  or  appointed,  such  compensation, 
as  the  Common  Council  may  determine.  For  compensation  of  Supervisors, 
Justices  of  the  Peace,  and  Constables,  see  page  30. 

Other  Officers, — Certain  officers  are  appointed  by  the 
Common  Council.     These  are, — 

1.  City  Attorney,  who  is  the  legal  adviser  of  the  Com- 
mon Council  and  city  officers  ; 

2.  City  Surveyor,  who  makes  all  surveys  within  the  city 
limits ; 

3.  Chief  of  the  Fire  Department. 

The  Common  Council  has  the  power  to  appoint  such  offi. 
cers  as  the  welfare  of  the  city  renders  necessary.  The  num- 
ber of  these  varies  in  different  cities.  The  larger  the  city,  the 
more  numerous  are  the  officers  required. 

Villages. — ^A  village  occupies  a  place  midway  between  a 
city  and  a  township.  The  powers  conferred  upon  a  village 
are  not  as  extensive  as  those  conferred  upon  a  city,  while,  on 
the  other  hand,  a  village  exercises  greater  powers  than  are 


;^S  CIVIL   GOVERNMENT. 


exercised  by  a  township.  Villages  are  less  than  cities,  are  not 
divided  into  wards,  and  are  governed  by  a  President  and  six 
Trustees,  called  a  Board  of  Trustees  or  a  Village  Council. 

Any  part  of  a  township  containing  a  resident  population  of  not  less 
than  three  hundred  persons,  and  including  within  its  boundaries  a  territory 
of  not  more  than  two  square  miles,  may  be  incorporated  as  a  village. 

Officers.— -The  officers  elected  in  a  village  are, — • 

1.  President, 

2.  Clerk, 

3.  Treasurer, 

4.  Street  Commissioner, 

5.  Assessor, 

6.  Constable, 

7.  Trustees. 

The  Trustees  are  elected  for  two  years,  three  being  elected 
each  year;  the  other  village  officers,  for  one  year.  The  Coun- 
cil appoints  a  Marshal,  an  Eiigineer  of  the  Fire  Department, 
and  such  other  officers  as  they  deem  necessary. 

Powers  and  Duties. — The  President  is  the  chief  executive 
of  the  village;  the  legislative  power  is  vested  in  a  Council 
consisting  of  the  President  and  six  Trustees.  The  powers  of 
a  Village  Council  are  about  the  same  as  those  of  a  City  Coun- 
cil. The  duties  of  village  officers  correspond  to  the  duties 
of  similar  officers  in  the  city. 

General  Remark. — As  cities  and  villages  are  incorporated 
by  a  special  act  of  the  Legislature,  as  well  as  by  conforming 
with  certain  requirements,  they  will  necessarily  vary  somewhat 
in  the  number  of  their  officers,  their  powers,  and  the  mode  of 
selecting  them.     In  some  cities  certain  officers  are  elected 


aTIES   AND   VILLAGES. 


39 


who  in  other  cities  are  appointed  by  the  Common  Council. 
Each  teacher  should  obtain  a  copy  of  the  city  or  village 
charter,  and  make  such  additions  to  and  changes  in  this 
chapter  as  may  be  necessary. 


CITY  AND  VILLAGE  OFFICERS. 


CITY. 


Executive. 


Mayor, 

Clerk, 

Treasurer, 

Collector, 
j  Street  Commissioner, 

Marshal, 

Attorney, 

Surveyor, 
•   Chief  of  the  Fire  Department. 

&c. 


JUDiaAL, 


•^  Justices  of  the  Peace. 


Legislative.  ^   Common  Council. 


Supervisor, 
Ward  Officers.       -j  Constable, 
Aldermen. 


40 


CIVIL   GOVERNMENT. 


Executive. 


VILLAGE. 

President, 

Clerk, 

Treasurer, 

Street  Commissioner, 

Assessor, 

Constable, 

Trustees, 

Marshal, 

Engineer  of  the  Fire  Department, 

&c. 


JuDiciAU  -{  Justices  oi  tl  e  Peace  in  the  Township 

Legislative.  ^  Board  of  ii  ostees  or  Council. 


LEGISLATIVE    DEPARTMENT. 


OHAPTEE  T. 


LEGISLATIVE  DEPARTMENT. 

The  Legislature. — The  Legislature  is  composed  of  two 
Houses: — 

1.  The  Senate, 

2.  The  House  of  Representatives. 
Members  of  the  Legislature  are  elected  at  the  same  time 

that  State  and  county  officers  are  elected,  for  a  term  of  two 
years.  They  meet  at  Lansing,  the  capital  of  the  State,  on 
the  first  Wednesday  in  January  of  the  year  immediately  fol- 
lowing their  election.  The  Legislature  meets  once  every  two 
years,  but  it  may  be  convened  by  the  Governor  on  extraor- 
dinary occasions.  The  legislative  power  of  the  State  is  vested 
in  these  two  Houses. 

The  Senate  is  sometimes  called  the  Upper  House,  and  the  House  of 
Representatives  the  Lower. 

The  Senate. — The  Senate  consists  of  thirty-two  members. 
The  State  is  divided  into  thirty- two  senatorial  districts,  accord- 
ing to  the  number  of  inhabitants,  and  each  district  elects 
one  Senator.  In  the  formation  of  districts,  no  county  can  be 
divided,  unless  it  is  entitled  to  two  or  more  Senators.  Id 
other  words,  part  of  one  county  and  part  of  another  can  not 
be  united  to  form  a  senatorial  district.  Thus  the  county  of 
Lenawee  has  only  one  senatorial  district,  while  the  county  of 
Wayne  has  three.  Sometimes  two  or  more  counties  are  neces- 
sary to  form  one  district.  The  senatorial  districts  are  num- 
bered, first,  second,  third,  etc. 


42  CIVIL    GOVERNMENT. 

The  House  of  Representatives. — The  House  of  Repre- 
sentatives consists  of  one  hundred  members.  Representa- 
tives are  apportioned  among  the  counties  according-  to 
population.  In  some  counties  there  is  one  representative 
district,  in  others  from  two  to  four,  while  some  districts 
include  several  counties.  No  township  or  city  can  be 
•divided  in  the  formation  of  districts.  Some  cities  contain  a 
population  which  entitles  them  to  more  than  one  Representa- 
tive. Thus  Grand  Rapids  has  two,  while  Detroit  has  seven. 
When  a  county  is  entitled  to  more  than  one  Representative,  the  division 
into  representative  districts  is  made  by  the  Board  of  Supervisors. 

Members. — Senators  and  Representatives  must  be  citizens 
of  the  United  States  and  legal  voters  in  the  district  to  be 
represented.  If  a  member,  during  his  term  of  office,  changes 
his  residence  from  one  district  to  another,  he  vacates  his 
office.  No  person  holding  an  office  under  the  United  States, 
or  occupying  any  State  or  county  office,  except  that  of  Notary 
Public,  is  eligible  to  a  seat  in  either  House.  Each  Senator 
and  Representative  takes  an  oath  to  support  the  Constitution 
of  the  United  States,  and  the  Constitution  of  the  State  of 
Michigan,  and  to  faithfully  discharge  the  duties  of  his  office. 

Powers  of  the  Senate. — The  Upper  House  is  expected  to 
be  an  abler  body  than  the  Lower  House,  and  is  usually  com- 
posed of  men  of  greater  experience  in  public  affairs.  The 
Senate  has  power, — 

L.     To  try  impeachments. 

2.  To  confirm  or  reject  appointments.  Certain  appoint- 
ments are  made  by  the  Governor  with  the  advice  and 
consent  of  the  Senate. 

3.  To  originate  bills.  The  Senate  has  concurrent  juris- 
diction with  the  House  of  Representatives  in  making 
laws. 


LEGISLATIVE    DEPARTMENT.  43 

4.  To  elect  a  President  pro  tempore  and  certain  other 
officers.  The  President/r^  tempore  performs  the  duties 
of  the  presiding  officer  in  his  absence,  and  when  the 
Lieutenant  Governor  acts  as  Governor* 

5.  To  determine  the  rules  of  its  proceedings,  and  to 
judge  of  the  qualifications,  election,  and  returns  of  its- 
members. 

The  officers  of  the  Senate  are, — Secretary,  Assistant  Secretary,  Sergeant- 
at-Arms,  Assistant  Sergeants-at-Arms,  Engrossing  and  Enrolling  Clerk^ 
Assistant  Engrossing  and  Enrolling  Clerk,  Clerk  of  the  Judiciary  Committee^ 
Clerk  of  Committee  on  Villages  and  Cities,  Janitors,  Keeper  of  Cloak 
Room,  Governor's  Messenger,  President's  Messenger,  Secretary's  Messen- 
ger, Messengers,  Reporters. 

Powers  of  the  House  of  Representatives. — The  Lower 
House  is  a  more  numerous  body  than  the  Upper  House,  and 
it  more  properly  represents  the  people  of  the  whole  State. 
For  this  reason  it  is  called  the  House  of  Representatives. 
The  House  of  Representatives  has  power, — 

I.  To  originate  articles  of  impeachment  and  present 
them  to  the  Senate.  The  Senate  acts  as  a  court  of 
impeachment,  and  the  House  of  Representatives  pre- 
fers the  charges. 

a.  To  originate  bills.  The  House  of  Representatives- 
has  concurrent  jurisdiction  with  the  Senate  in  making 
laws. 

3.  To  elect  a  presiding  officer  called  the  Speaker,  and 
certain  other  officers. 

4.  To  determine  the  rules  of  its  proceedings,  and  to 
judge  of  the  qualifications,  election,  and  returns  of  its 
members. 


44  CIVIL    GOVERNMENT. 


1.  There  are  some  appointments  by  the  Governor  that  require  the 
•consent  of  both  branches  of  the  Legislature,  as,  for  example,  the  appoint- 
ment of  Adjutant  General. 

2.  The  officers  of  the  House  of  Representatives  are, — Chief  Clerk, 
Corresponding  Clerk,  Journal  Clerk,  Engrossing  and  Enrolling  Clerk,  Assist- 
ant Engrossing  and  Enrolling  Clerk,  Clerk  of  the  Judiciary  Committee, 
Clerk  of  the  Committee  on  Ways  and  Means,  Clerk  of  Joint  Committee  on 
Taxation,  Clerk  of  Committee  on  Municipal  Corporations,  Clerk  of  Com- 
cnittee  on  State  Affairs,  Sergeant-at-Arms,  Assistant  Sergeants-at-Amis,  Post- 
master, Assistant  Postmaster,  Keeper  of  Cloak  Room,  Speaker's  Messenger, 
Clerk's  Messenger,  Messengers,  Reporters. 

Special  Privileges  of  Members. — In  order  that  the  business 
of  the  Legislature  may  not  be  interrupted,  the  Constitution 
of  the  State  declares  that  no  Senator  or  Representative  can 
be  arrested  during  a  session  of  the  Legislature,  or  for  fifteen 
days  before  the  commencement  or  after  the  termination  of 
each  session,  except  for  treason,  or  a  crime  punishable  by 
death  or  imprisonment,  or  a  violation  of  the  public  order. 
In  England  it  frequently  happened  that  members  of  Parliament 
were  arrested,  so  as  to  prevent  the  adoption  of  any  measure 
prejudicial  to  the  interests  of  the  king. 

Duties  of  Some  Officers. — The  presiding  officer  of  the 
Senate  is  the  Lieutenant  Governor.  He  is  called  the  Presi- 
dent. The  presiding  officer  of  the  House  of  Representatives 
is  chosen  from  among  its  members.  He  is  called  the  Speaker. 
It  is  the  duty  of  each  to  preserve  order  and  to  see  that  the 
business  is  transacted  in  the  manner  prescribed  by  the  rules  of 
«ach  House.  The  Secretary  of  the  Senate  keeps  a  record  of 
■each  day's  proceedings,  preserves  and  has  charge  of  all  papers 
and  bills,  and  reads  them  to  the  Senate.  The  Clerk  of  the 
House  of  Representatives  performs  similar  duties.  The 
Engrossing  and  Enrolling  Clerks  make  a  true  copy  of  and 
<.*nroU  all  bills  that  are  passed.     The  Sergeants-at-Arms  are 


LEGISLATIVE    DEPARTMENT.  45 

required  to  preservetorder,  arrest  disorderly  persons,  compel 
the  attendance  of  absent  members,  and  perform  such  other 
like  duties  as  either  House  may  require. 

Organization  of  Each  House. — On  the  day  appointed  for 
the  assembling  of  a  new  Legislature,  before  any  business  can 
be  properly  transacted,  it  is  necessary  that  the  members  of 
each  House  should, — 

1.  Take  the  oath  of  office  j 

2.  Elect  officers. 

When  each  member  has  taken  the  oath  of  office,  and  the 
Senate  and  House  of  Representatives  have  elected  their  offi- 
cers, both  Houses  are  said  to  be  organized  and  ready  for 
business. 

The  Clerk  of  the  last  House  of  Representatives  calls  the  House  to 
order,  and  presides  until  a  Speaker  or  a  Speaker  'pro  tempore  is  elected. 
A  list  of  members  elect  is  delivered  to  the  Clerk  by  the  Secretary  of 
State. 

Message. — When  the  two  Houses  are  organized  and  ready 
for  business,  the  Governor  presents  his  message.  This  is  read 
at  a  joint  meeting  of  both  Houses,  the  Senate  meeting  with 
the  Lower  House  in  the  Hall  of  Representatives.  The  Gov- 
ernor in  his  message  gives  information  to  the  Legislature  of 
the  condition  of  the  State,  calls  their  attention  to  matters  of 
State  interest,  and  recommends  such  measures  as  he  deems 
expedient. 

The  President  of  the  Senate  is  the  presiding  officer  of  both  Houses, 
when  they  meet  in  joint  convention. 

Standing  Committees. — In  each  House,  soon  after  its  organ- 
ization, about  forty-two  standing  committees  are  appointed. 
Standing  committee  is  another  name  for  permanent  committee. 
In  the  Senate  these  committees  are  appointed  by  the  Presi- 


46  CIVIL   GOVERNMENT. 


dent,  and  in  the  House  of  Representatives  by  the  Speaker. 
In  these  committees,  a  great  part  of  the  business  of  the  Legis- 
lature is  transacted.  When  a  subject  is  presented  to  either 
House,  it  is  first  referred  to  some  standing  committee,  and 
after  it  has  been  properly  considered,  it  is  reported  back  to 
the  House  in  one  of  three  ways: — 

1.  Without  recommendation ; 

2.  With  amendments ; 

3.  With  the  recommendation  that  it  be  passed. 

If  a  bill  is  reported  back  without  recommendation,  it  is 
seldom  passed.  It  would  be  impossible  for  the  Legislature  to 
transact  all  the  business  brought  before  it,  unless  the  subjects 
presented  were  first  considered  by  appropriate  committees. 
In  this  way  a  number  of  measures  can  be  examined  at  one 
time.  When  a  particular  matter  is  presented  that  can  not 
properly  be  referred  to  one  of  the  standing  committees,  a 
special  committee  is  appointed  to  consider  it. 

Standing  Committees  in,  the  Senate. — Appropriations  and  Finances^ 
Judiciary,  Federal  Relations,  State  Affairs,  University,  Agricultural  Col- 
lege, State  Normal  School,  State  Public  School,  Education  and  Public 
Schools,  State  Reform  School,  Banks  and  Incorporations,  Railroads, 
Cities  and  Villages,  Public  Lands,  Counties  and  Townships,  etc. 

Committees  in  the  House. — Ways  and  Means,  State  Affairs,  Judiciary, 
Private  Corporations,  Municipal  Corporations,  Internal  Improvements, 
Towns  and  Counties,  University,  Education,  Railroads,  State  Prison, 
Eastern  Asylum  for  the  Insane,  Geological  Survey,  etc. 

Quorum. — A  majority  of  each  House  constitutes  a  quorum 
for  the  transaction  of  business,  but  a  smaller  number  may 
adjourn  from  day  to  day  and  compel  the  attendance  of  absent 
members. 


LEGISLATIVE    DEPARTMENT.  47 

How  Subjects  are  Presented  to  the  Legislature, — Subjects 
for  the  consideration  of  the  Legislature  are  presented  in  three 
ways: — 

1.  By  the  Governor; 

2.  By  petitions  from  the  people; 

3.  By  a  bill  presented  by  a  member  of  the  Legislature. 

Passing  of  Bills. — Supposing  that  a  bill  relating  to  the 
University  is  presented  by  a  member  of  the  House  of  Repre- 
sentatives. It  is  first  referred  to  the  committee  on  the  Uni- 
versity, who  examine  the  bill,  and  return  it  either  without 
recommendation,  or  with  amendments,  or  with  the  recommen- 
dation that  it  be  passed.  After  the  bill  is  reported  back  to 
the  House,  it  must  be  read  three  times  by  the  Clerk  to  the 
House  before  the  final  vote.  The  bill  may  be  amended,  or 
sent  back  to  the  committee  for  modification,  or  defeated. 
When  the  final  vote  is  taken,  it  must  be  by  yeas  and  nays,  and 
the  result  entered  on  the  journal  of  the  House.  No  bill  can 
be  passed  without  receiving  the  votes  of  a  majority  of  all  the 
members  elected,  and  the  assent  of  two-thirds  is  required  for 
every  bill  appropriating  public  money  for  local  or  private 
purposes.  After  the  bill  has  passed  the  House,  it  is  sent  to 
the  Senate,  where  a  similar  course  is  pursued,  the  sanction  of 
both  Houses  being  necessary.  If  it  passes  both  Houses,  it  is 
sent  to  the  Governor  to  receive  his  signature,  and  if  he  signs 
it,  the  bill  becomes  law.  If  the  Governor  does  not  approve 
of  the  bill,  he  returns  it,  with  his  objections,  to  the  House  of 
Representatives.  When  a  bill  is  not  approved,  it  is  returnetl 
to  the  House  where  it  originated.  This  is  called  vetoing  .1 
bill.  After  the  Governor  has  vetoed  a  bill,  it  may  still  be 
passed  by  receiving  a  two-thirds  vote  in  each  House,  and  it 
becomes  law  without  his  consent. 


48  CIVIL   GOVERNMENT. 


1.  Any  bill  may  originate  in  either  House.  In  Congress  revenue  bills 
must  originate  in  the  House  of  Representatives. 

2.  Printed  copies  of  all  bills  are  placed  on  the  desks  of  members. 
It  is  the  custom  for  the  Secretary  or  Clerk  to  read  only  the  title  of  each 
bill  on  the  first  and  second  readings,  but  on  the  third  reading  the  entire 
hill  is  read.  The  second  and  third  readings  must  be  on  different  days. 
Amendments  are  offered  after  the  second  reading. 

Acts. — When  a  subject  is  reported  to  the  Legislature  by  a 
committee,  it  is  usually  in  the  form  of  what  is  called  a  bill. 
When  a  bill  is  passed  by  both  Houses,  and  is  signed  by  the 
Governor,  it  is  called  an  act,  and  becomes  a  law  of  the  State. 
A  bill  becomes  a  law, — 

1.  By  receiving  a  majority  vote  in  each  House,  and  the 
signature  of  the  Governor ; 

2.  By  receiving  a  two-thirds  vote  in  each  House,  without 
the  signature  of  the  Governor ; 

3.  By  not  being  returned  by  the  Governor  to  the  House 
from  which  it  originated  within  ten  days,  Sundays 
excepted,  after  it  has  been  presented  to  him. 

After  the  Legislature  has  adjourned,  no  bill  can  become 
law  unless  it  is  signed  by  the  Governor.  Acts  take  effect 
ninety  days  after  the  adjournment  of  the  Legislature,  unless 
the  members  of  each  House  by  a  two-thirds  vote  direct  other- 
wise. At  the  close  of  each  session,  the  Secretary  of  State  is 
required  to  see  that  the  acts  passed  during  the  session  are 
printed  and  bound,  and  distributed  to  the  proper  officers 
throughout  the  State. 

No  new  bill  can  be  introduced  into  either  House  after  the  first  fifty 
4ays  of  a  session  have  expired. 

Remark. — The  framers  of  the  Constitution  of  the  State 
iiave  wisely  provided  that  the  Legislature  should  consist  of 


LEGISLATIVE   DEPARTMENT.  49 

two  Houses,  and  that  each  House  should  act  as  a  check  on  the 
other,  and  thus  prevent  too  hasty  legislation.  Not  only  do 
the  Houses  mutually  act  as  a  check  upon  each  other,  but  also 
the  Governor  can  return  a  bill  to  the  Legislature  to  be  recon- 
sidered, and,  by  refusing  to  sign  it,  necessitate  a  two-thirds 
vote  in  order  that  it  may  become  law.  One  of  the  great  evils 
of  modern  legislation  is  that  laws  are  frequently  made  without 
due  consideration,  and  a  considerable  portion  of  the  time  of 
one  Legislature  is  occupied  in  amending  or  undoing  what  a 
preceding  Legislature  has  done. 

Other  Legislative  Bodies. — The  State  Legislature  has  the 
power  to  confer  local  powers  of  legislation  upon  counties, 
cities,  villages,  and  townships.  The  legislative  body  of  a 
county  is  the  Board  of  Supervisors ;  of  a  city,  the  Common 
Council ;  of  a  village,  the  Board  of  Trustees  or  Village  Coun- 
cil ;  of  a  township,  the  township  meeting. 

Jmpeachmeni. — When  a  State  officer  or  a  Circuit  or  a  Pro- 
bate Judge  has  been  guilty  of  corrupt  conduct  in  office  or  of 
crime,  he  may  be  brought  to  trial  before  the  Senate  by  the 
House  of  Representatives.  This  is  called  the  impeachment 
of  a  public  officer.  The  House  appoints  a  committee  to  pre- 
pare articles  of  impeachment  and  to  conduct  the  prosecution. 
The  Senate,  as  a  court,  determines  the  guilt  or  innocence  of 
the  person  accused.  If  the  person  impeached  is  convicted  by 
a  two-thirds  majonty  of  all  the  Senators,  he  is  removed  from 
office.  A  public  officer,  thus  removed,  is  also  liable  to  be 
tried  in  one  of  the  courts  and  punished  according  to  law. 
The  Senate  only  removes  from  office;  a  court  of  law  may 
afterwards  inflict  punishment. 

I.  The  Governor  may  remove  for  misconduct  and  neglect  of  duty 
any  county  officer,  except  Circuit  Judge,  Judge  of  Probate,  and  County 


so 


CIVIL    GOVERNMENT. 


Clerk,  and  also  any  Justice  of  the  Peace  and  township  officer.  The 
Circuit  Judge  and  the  Circuit  Court  Commissioner  have  authority  to 
remove  the  County  Clerk  for  incompetence,  misconduct,  or  neglect  of 
duty. 

2.  The  Governor  has  the  power,  when  the  Legislature  is  not  in  ses- 
sion, of  removing,  "  for  gross  neglect  of  duty  or  for  corrupt  conduct  in 
office,"  any  State  officer,  except  legislative  and  judicial,  whether  elected 
or  appointed,  and  of  appointing  a  successor  for  the  remainder  of  the 
unexpired  term  of  office. 


LEGISLATIVE  BODIES. 


State. 


\  Senate, 

I  House  of  Representatives. 


County. 
City, 


■{  Board  of  Supervisors. 
-{  Common  Council. 


Village, 


C  Board  of  Trustees, 
(^  Council. 


Township. 


-{  Township  MeeciiJi^. 


JUDICIAL   DEPARTMENT.  5 1 


OHAPTEE  YL 


JUDICIAL  DEPARTMENT. 

Judicial  Department, — ^The  legislative  department  makes 
laws  and  affixes  penalties  for  their  violation;  the  judicial 
department  applies  these  laws  to  individual  cases,  interprets 
them,  and  imposes  the  penalties  affixed  for  their  violation. 
Laws  made  by  the  Legislature  have  for  their  object  the  * 'estab- 
lishment of  rights  and  the  prohibition  of  wrongs,"  and  it 
is  the  duty  of  the  judicial  department  to  see  to  it  that  individ- 
uals are  protected  in  the  enjoyment  of  these  rights  and  that 
wrongs  are  redressed.  Various  tribunals  are  established  for 
the  administration  of  justice.     These  are  called  courts. 

Courts, — ^The  judicial  power  is  vested  in  the  following 
courts  :— 

1.  A  Supreme  Court,  » 

2.  Circuit  Courts, 

3.  Probate  Courts, 

4.  Justices*  Courts, 

5.  Municipal  Courts. 

Some  of  these  courts  have  limited  powers,  others  have 
more  extensive  jurisdiction.  Each  court  has  a  separate  organ-, 
ization,  each  has  well  defined  jurisdiction  and  powers,  and 
each  has  fixed  times  and  place  for  the  transaction  of  business. 
All  these  courts  have  power  to  summon  witnesses,  to  admin- 
ister oaths,  issue  writs,  and  punish  for  contempt  of  court. 


52  CIVIL   GOVERNxM''-NT. 


Each  court  has  also  its  proper  officers  to  aid  it  in  the  perform- 
ance of  its  duties. 

Definitions, — In  order  to  properly  understand  the  powers 
and  duties  of  the  various  courts,  it  is  necessary  to  have  a  clear 
understanding  of  what  is  meant  by  a  civil  or  criminal  action, 
and  original  or  appellate  jurisdiction. 

Civil  or  Criminal  Action. — ^A  civil  action  has  for  its  object 
the  enforcement  of  the  payment  of  a  debt,  or  the  payment  of 
money  as  a  compensation  for  an  injury;  a  criminal  action,  the 
punishment  of  a  person  accused  of  having  committed  some 
crime. 

Jurisdiction. — A  matter  is  said  to  be  within  the  jurisdiction 
of  a  court,  when  it  is  within  the  limits  of  its  authority,  and 
it  has  the  power  to  hear  and  determine  the  case.  A  court  is 
said  to  have  original  jurisdiction,  when  it  has  the  authority  to 
take  the  first  steps  in  a  suit,  in  other  words,  when  a  suit  may 
commence  there  ;  and  appellate  jurisdiction,  when  it  has  the 
power  to  hear  and  determine  cases  that  are  appealed  from  the 
judgment  of  an  inferior  court. 

Justices',  Courts. — In  order  that  justice  may  be  adminis- 
tered in  the  most  convenient  and  expeditious  manner,  inferior 
courts,  called  Justices'  Courts,  are  established  in  every  town- 
ship and  city  of  the  State.  In  these  courts,  persons  accused 
of  petty  theft,  drunkenness,  breach  of  the  peace,  and  various 
other  minor  offenses,  are  tried.  Any  criminal  action,  when 
the  penalty  is  a  short  imprisonment  or  a  small  fine,  and  any 
civil  action,  when  the  debt  or  damages  do  not  exceed  one 
hundred  dollars,  must  be  brought  before  a  Justice's  Court. 
Alter  a  case  has  been  tried  in  a  Justice's  Court,  it  may  be 
appealed  to  a  Circuit  Court  for  a  new  trial.  This  is  done 
when  one  of  the  parties  in  a  suit  is  dissatisfied  with  the 
^tevision  of  a  Justice's  Court. 


JUDICIAL    DEPARTMENT.  53 

Justices  of  the  Peace, — ^Justices  of  the  Peace  are  elected 
for  a  term  of  four  years.  They  issue  writs  and  warrants- 
administer  oaths,  and  have  iurisdiction  in  offenses  of  minor 
importance.  Usually  four  J  ustices  of  the  Peace  are  elected 
in  each  township  and  city,  one  being  elected  each  year. 

A  written  instrument,  issued  by  a  court,  commanding  a  person  to  do 
something  therein  mentioned,  is  called  a  writ.  A  writ  issued  by  a  Justice 
of  the  Peace,  directing  a  Constable  to  arrest  and  bring  before  the  court 
a  person  accused  of  having  committed  some  offence,  is  called  a  warrant. 

Constables, — Constables  are  obliged  to  obey  all  lawful 
orders  of  Justices  of  the  Peace,  Sheriffs,  and  Coroners.  Their 
duties  in  a  Justice's  Court  correspond,  in  a  great  measure,  to 
the  duties  of  a  Sheriff  in  a  Circuit  Court.  They  serve  the 
writs  and  orders  of  the  court,  and  have  the  custody  of  prison- 
ers. They  attend  upon  the  sessions  of  the  Circuit  Court, 
when  notified  to  do  so  by  the  Sheriff. 

Municipal  Courts. — In  large  cities  like  Detroit,  other 
courts  are  established  in  addition  to  the  usual  courts  of  justice 
These  are  called  municipal  courts.  As  cities  increase  in  size 
and  in  population,  there  are  greater  opportunities  for  the 
commission  of  crime,  and  the  dangerous  classes  naturally 
gravitate  toward  them,  so  that  the  frequency  and  variety  of 
the  offenses  committed,  demand  the  establishment  of  additional 
courts.  Municipal  courts  are  established  by  special  act  of  the 
Legislature. 

Detroit  Courts. — In  the  city  of  Detroit,  the  following 
courts  have  jurisdiction  of  offenses  committed  within  the  limits 
of  the  city: — 

1.  Superior  Court, 

2.  Recorder's  Court, 

3.  Police  Court, 
Justice's  Court. 


54  CIVIL   GOVERNMENT. 


The  Superior  Court  has  jurisdiction  in  civil  cases,  and  the 
Recorder's  Court  in  criminal  cases,  the  same  classes  of  actions 
being  tried  in  these  courts  that  are  tried  in  a  Circuit  Court. 
The  Police  Court  has  the  same  jurisdiction  in  criminal  mat- 
ters, but  not  civil,  that  a  Justice's  Court  has.  It  has,  however, 
somewhat  more  extensive  powers.  Both  the  Superior  and 
Recorder's  Court  have  original  jurisdiction  only.  A  case  can 
not  be  appealed  from  the  Police  Court  or  from  a  Justice's 
Court  to  either  of  them.  The  terms  of  the  Circuit  Court  for 
the  county  of  Wayne  are  held  in  Detroit. 

Circuit  Courts. — Circuit  Courts  have  jurisdiction  in  grave 
offenses,  whether  civil  or  criminal.  Offenses  involving  large 
sums  of  money,  and  crimes  punishable  by  heavy  fines  or  long 
imprisonment,  are  tried  before  these  courts.  Cases  tried  in 
an  inferior  court,  that  is,  a  Justice's  Court,  may  be  carried  to 
a  Circuit  Court  for  a  second  trial.  Circuit  Courts,  therefore, 
have  original  jurisdiction  in  all  matters  which  are  beyond  the 
jurisdiction  of  an  inferior  Court,  and  appellate  jurisdiction  in 
matters  appealed  from  a  lower  court.  They  also  exercise  a 
genera]  control  over  inferior  courts. 

Judicial  Circuits, — The  State  is  divided  into  twenty-eight 
judicial  circuits,  in  each  of  which  a  Circuit  Judge  is  elected 
for  six  years.  A  circuit  generally  has  within  its  limits  two  or 
more  counties,  and  it  is  the  duty  of  the  Circuit  Judg2  to  hold 
at  least  two  terms  of  the  Court  in  each  county  annually. 

In  counties  containing  seven  thousand  inhabitants,  not  less  than  three 
terms  in  each  year  are  held ;  in  counties  containing  ten  thousand  inhabi- 
tants, four  terms  are  required  to  be  held  annually. 

Officers. — The  officers  of  a  Circuit  Court  are, — 

1.  Judge, 

2.  Circuit  Court  Commissioner, 


JUDICIAL   DEPARTMENT.  55 

3.  Clerk, 

4.  Stenographer, 

5.  Prosecuting  Attorney, 

6.  Sheriff,  under  sheriff,  deputies, 

7.  Attorneys. 

Judge. — ^The  Circuit  Judge  presides  at  all  sessions  of  the 
Circuit  Court.  He  is  the  interpreter  of  the  law.  It  is  his 
duty  to  declare  what  the  law  is,  and  to  impose  penalties  for 
its  violation. 

Circuit  Court  Commissioners. — Circuit  Court  Commission- 
ers are  authorized  to  perform  all  the  duties  and  execute  all 
the  powers,  in  all  civil  cases,  which  a  Circuit  Judge  may  per- 
form and  execute  out  of  court,  subject,  however,  to  certain 
limitations.  They  may,  in  other  words,  perform  many  of  the 
duties  that  a  Circuit  Judge  would  be  obliged  to  perform,  if  it 
were  not  for  their  assistance. 

Testimony  in  a  chancery  suit  may  be  taken  by  a  Circuit  Court  Commis- 
sioner, an^  injunctions  may  also  be  granted  by  this  officer. 

Clerk. — The  County  Clerk  is  clerk  of  the  Circuit  Court, 
It  is  his  duty  to  keep  a  journal  of  the  proceedings  of  the 
court,  preserve  all  books  and  papers  belonging  to  the  office, 
and  administer  oaths  to  witnesses  and  jurors. 

Stenographer. — A  Stenographer  is  one  who  is  skilled  in  the 
art  of  writing  in  short-hand.  Stenographers  are  appointed 
by  the  Governor  on  the  application  of  the  Circuit  Judge,  sanc- 
tioned by  the  Board  of  Supervisors.  It  is  the  duty  of  this 
officer  to  attend  all  sessions  of  the  court,  and  take  full  reports 
of  the  testimony  of  witnesses  and  of  all  proceedings  connected 
with  the  trial  of  every  case. 

The  compensation  of  the  Stenographer  is  determined  by  the  Board  of 
Supervisors.  In  Wayne  county,  the  salary  is  two  thousand  dollars  p^r 
annum.  5 


56  CIVIL    GOVERNMENT. 


Prosecuting  Attorney. — The  Prosecuting  Attorney  represents 
the  county  in  all  suits  in  which  the  county  is  interested  or  a 
party.  It  is  his  principal  duty  to  prosecute,  either  in  the  Cir- 
cuit Court  or  in  a  Justice's  Court,  all  persons  who  have  com- 
mitted any  crime  within  the  county. 

Sheriff. — The  Sheriff  attends  all  sessions  of  the  Circuit 
Court  when  held  in  the  county,  preserves  order  in  the  court 
room,  proclaims  the  opening  and  adjourning  of  the  court, 
summons  jurors  and  witnesses,  has  charge  of  prisoners  and 
juries,  carries  out  sentences  of  the  court,  and  executes  and 
serves  all  writs  and  orders  of  the  court.  He  is  aided  in  the 
performance  of  his  duties  by  the  under  sheriff  and  deputies, 
and  by  constables. 

When  the  Sheriff  is  an  interested  party  in  a  suit,  the  Coroners  perform 
his  duties.  If  there  is  no  Sheriff  or  under  sheriff,  one  of  the  Coroners  is 
designated  by  the  Circuit  Judge  to  perform  the  duties  of  Sheriff. 

Attorneys. — An  Attorney  is  one  who  is  appointed  by  anoth- 
er to  act  in  his  place  and  transact  any  business  for  hfm.  An 
Attorney  at  Law  acts  for  another  in  a  suit  at  law,  he  is  an 
officer  of  a  court  of  law,  a  lawyer,  and  is  legally  qualified  to 
prosecute  and  defend  all  actions.  Persons  are  licensed  to 
practice  in  the  several  courts  of  the  State, — 

1.  By  the  Supreme  Court; 

2.  By  the  Circuit  Court. 

The  law  requires  that  all  applicants  shall  be  of  good 
moral  character,  and  of  the  age  of  twenty-one  years.  If,  on 
examination  in  open  court,  they  are  found  to  possess  suffi- 
cient legal  ability  to  discharge  the  duties  of  an  Attorney, 
they  are  admitted  to  practice  in  the  courts  of  the  State. 


JUDICIAL   DEPARTMENT.  57 

1.  The  law  requires  that  all  applicants  shall  be  of  good  moral  char- 
acter, and  shall  have  arrived  at  the  age  of  twenty-one. 

2.  It  is  the  usual  practice  for  the  Judge  of  the  Circuit  Court  to 
appoint  a  committee  of  three  or  more  experienced  lawyers,  who  examine 
the  applicant  in  open  court. 

Probate  Court.- — A  Probate  Court  is  a  court  for  the  proving 
of  wills.  It  has  authority  to  determine  whether  a  writing 
**  purporting  to  be  the  last  will  of  a  person  deceased  is  indeed 
his  lawful  act."  When  a  person  dies,  the  Judge  of  Probate 
appoints  a  day  for  the  proving  of  the  will,  and  if  it  is  clearly 
proven  that  the  deceased  was  of  sound  mind  when  the  will 
was  made,  and  that  it  was  executed  according  to  law,  the  judge 
takes  the  proper  measures  for  the  carrying  out  of  the  will.  A 
Probate  Court  has  "original  jurisdiction  in  all  matters  relating 
to  the  settlement  of  the  estates  of  deceased  persons."  It  has 
the  power  to  appoint  guardians  for  minors,  and  to  exercise 
general  control  over  their  estates.  It  may  also  appoint  persons 
to  settle  the  estates  of  those  who  die  without  making  a  will. 
A  Probate  Judge  is  elected  in  each  county  for  a  term  of  four 
years. 

1.  Probate  comes  from  a  Latin  word,  probare,  which  means  to  prove. 

2.  The  proceedings  in  a  Probate  Court  may  be  appealed  to  a  Circuit 
Court. 

A  Will. — ^A  will  is  a  written  declaration  of  the  manner  in 
which  a  person  wishes  his  property  to  be  disposed  of  after  his 
death.  It  must  be  signed  by  the  person  who  makes  it,  and 
by  at  least  two  competent  witnesses. 

Executor. — An  executor  is  a  person  named  in  a  will  to  see 
that  it  is  carried  into  effect,  and  that  the  property  is  disposed 
of  according  to  the  direction  of  the  person  by  whom  the  will 
is  made. 

Administrator. — If  a  person  dies  without  making  a  will. 


5o  CIVIL   GOVERNMENT. 


some  one  is  appointed  by  the  Judge  of  Probate  to  settle  the 
estate;,  that  is,  pay  what  debts  are  due  on  the  estate,  and  divide 
what  remains  among  the  legal  heirs.  The  person  thus 
appointed  is  called  an  administrator.  If  the  person  named 
as  executor  in  a  will  dies,  or  is  unable,  for  any  reason,  to  act, 
the  Judge  has  the  power  to  appoint  an  administrator. 

Codicil. — When  an  addition  is  made  to  a  will,  explaining 
its  meaning  or  changing  it  in  any  way,  it  is  called  a  codicil. 

Supreme  Court. — The  Supreme  Court  is  the  highest  judicial 
courtf  in  the  State.  It  has  a  superintending  control  over  all 
inferior  courts,  and  it  corrects  all  errors  on  questions  of  law 
referred  to  it  by  the  Circuit  Courts.  When  any  party  in  a 
suit  is  dissatisfied  with  the  ruling  of  a  Circuit  Judge  on  some 
law  i)oint,  the  decision  of  the  Judge  may  be  appealed  to  the 
Supreme  Court,  where  it  is  reviewed  and  either  corrected  or 
sustained.  In  this  way,  greater  uniformity  is  secured,  in  the 
administration  of  justice,  in  the  various  courts  of  the  State. 

1  The  Supreme  Court  has  power  to  prevent  and  correct  abuses  in 
the  9  Jministration  of  justice  in  the  various  courts,  and  to  discharge  any 
perse  n  from  custody  who  is  unlawfully  deprived  of  his  liberty. 

2  Four  terms  of  the  Supreme  Court  are  annually  held  at  the  capital. 
They  commence  on  the  Tuesday  after  the  first  Monday  in  January,  April, 
June-,  and  October  and  are  called  the  January,  April,  June,  and  October 
termii  of  the  court. 

"^ifficers, — ^The  officers  of  the  Supreme  Court  are, — 


Judges, 

Clerk, 

Reporter, 

Attorney  General, 

Crier, 

Sheriff, 

Attorneys. 


JUDICIAL    DEPARTMENT.  59 

Judges. — The  Supreme  Court  consists  of  one  Chief  Justice 
and  three  Associate  Judges.  Their  term  of  office  is  eight 
years,  one  being  elected  every  two  years.  The  Judge  whose 
term  of  office  first  expires,  or,  in  other  words,  who  has  served 
as  judge  six  years,  becomes  Chief  Justice. 

1.  When  there  is  a  vacancy  in  the  ofEce  of  Judge  of  the  Supreme 
Court,  it  is  filled  by  appointment  of  the  Governor,  until  a  successor  is 
duly  elected. 

2.  The  annual  salary  of  each  Judge  is  four  thousand  dollars. 

Clerk. — ^When  the  Supreme  Court  was  first  organized, 
its  terms  were  annually  held  in  four  different  places  in  the 
State;  afterwards  they  were  held  in  two,  Lansing  and 
Detroit;  and  finally  in  one,  Lansing.  The  Constitution 
then  required  that  the  County  Clerk  should  be  the  clerk  of 
the  Supreme  Court  when  it  was  held  within  the  county,  so 
that  the  Clerk  of  Ingham  county,  in  which  the  city  of  Lan- 
sing is  situated,  was  the  clerk -of  the  court.  The  Constitu- 
tion has  since  been  so  amended  that  the  Supreme  Court 
now  appoints  its  own  clerk.  It  is  his  duty  to  keep  a  record  of 
the  proceedings  of  the  court,  administer  oaths,  and  have  the 
care  of  all  seals,  books,  and  papers  belonging  to  his  office.  He 
performs  such  other  duties  as  are  required  of  him  by  the  court. 

Reporter. — A  Reporter  is  appointed  by  the  court  to  attend 
all  its  sessions,  and  to  prepare  for  publication  its  decisions, 
together  with  a  brief  statement  of  each  case,  and  of  the  argu- 
ments of  the  counsel,  when  such  a  statement  is  necessary  for 
a  proper  understanding  of  the  decision.  The  decisions  of  the 
Supreme  Court  are  printed  and  bound  in  volumes. 

1.  The  Judges  deliver  to  the  Reporter  full  notes  of  their  decisions. 

2.  The  Reporter  receives  an  annual  salary  of  fifteen  hundred  dollars, 
and  his  expenses  while  attending  the  sessions  of  the  court,  also  not  to 
exceed  six  hundred  dollars  for  clerk  hire. 

Attorney  General. — The  Attorney  General  is  required  to 


6o  CIVIL   GOVERNMENT. 


prosecute  and  defend  all  actions  in  the  Supreme  Court  in 
which  the  State  is  interested  or  a  party.  He  is  the  Attorney 
for  the  State. 

Crier, — The  Crier  attends  all  sessions  of  the  court  and 
proclaims  the  opening  and  adjourning  of  the  court.  In  a 
Circuit  Court,  this  duty  is  performed  by  the  Sheriff  or  one  of 
his  deputies.  The  Crier  may  also  serve  writs  and  orders,  when 
so  directed  by  the  court. 

The  Crier  receives  two  dollars  a  day  while  attending  the  sessions  of 
the  court,  and  when  he  serves  writs  and  orders,  he  receives  the  same  fees 
as  the  Sheriff. 

Sheriff. — ^It  is  the  duty  of  the  Sheriff  of  the  county  where 
any  term  of  the  Supreme  Court  is  held,  to  attend  the  court 
during  its  sessions,  and  either  in  person  or  by  the  under  sheriff 
and  deputies  serve,  when  required,  all  writs  and  orders  issued 
by  the  court.  The  Sheriff  of  Ingham  county  is  now  the 
Sheriff  of  the  Supreme  Courtr. 

The  Sheriff  summons  one  or  two  Constables  of  his  county  to  attend 
llie  sittings  of  the  court. 

Juries, — ^Juries  are  of  two  kinds  :— 

1.  Grand  juries, 

2.  Petit  juries. 

A  petit  jury  in  a  Justice's  Court  consists  of  six  persons;  in 
higher  courts,  of  twelve  persons.  A  grand  jury  consists  of  not 
less  than  sixteen  persons,  and  generally  of  not  more  than 
twenty- three. 

Grand  Jury, — ^A  grand  jury  is  summoned  for  the  purpose 
of  deciding  whether  there  is  sufficient  evidence  against  a  per- 
son accused  of  crime  to  warrant  his  prosecution.  The  jury 
hears  the  accusation,  listens  to  the  testimony  of  witnesses 
against  the  person  accused,  and  decides  whether  the  accusation 


JUDICIAL  DEPARTMENT.  6l 

is  sustained  by  the  evidence.  If  at  least  twelve  of  the  grand 
jurors  believe  that  there  is  sufficient  ground  for  a  trial,  a  writ- 
ten accusation  is  presented  to  the  court,  called  an  indictment. 
The  accused  is  than  arrested  and  held  for  trial.  In  this  State 
a  grand  jury  is  very  seldom  summoned.  The  usual  practice 
is  for  a  complaint  to  be  made  before  a  Justice  of  the  Peace 
that  a  crime  has  been  committed.  The  accused  is  then 
arrested,  and  if  it  is  shown  on  examination  that  he  is  proba- 
bly gfuilty,  he  is  bound  over  to  the  Circuit  Court  for  trial. 

1.  The  grand  jury  elects  a  foreman,  who  acts  as  president,  and  a 
clerk.  The  Prosecuting  Attorney  meets  with  them  to  examine  witnesses 
in  the  presence  of  the  jury,  and  to  give  advice  concerning  points  of  law. 

2.  The  principal  objection  to  a  grand  jury  is  that  it  meets  in  secret, 
and  it  expresses  its  belief  that  a  person  is  guilty  of  crime,  without  giving 
the  accused  a  hearing.  Subsequent  acquittal  does  not  always  remove  the 
unfavorable  impression  produced  by  twelve  men,  under  oath,  pronouncing 
a  person  to  be  a  criminal.  On  the  other  hand,  a  grand  jury  acts  as  a 
check  upon  the  Prosecuting  Attorney,  and  prevents  him  from  unjustly 
prosecuting  innocent  persons  for  the  supposed  commission  of  crime. 

Petit  Jury. — ^A  petit  jury  is  a  body  of  men  selected  for 
the  purpose  of  deciding  some  controversy,  or  of  determining 
the  guilt  or  innocence  of  a  person  accused  of  crime.  A  grand 
jury  decides  whether  the  evidence  against  a  person  warrants 
his  trial ;  a  petit  jury  decides  whether  the  accused  is  guilty  or 
innocent  of  the  crime  alleged.  The  first  only  examines  wit- 
nesses for  the  prosecution ;  the  second  hears  the  testimony 
both  for  the  prosecution  and  for  the  defense.  A  petit  jury 
must  unanimously  agree  on  the  guilt  of  a  person,  before  sen- 
tence can  be  passed  upon  him.  After  an  accused  person  has 
been  acquitted,  he  can  not  be  tried  again  on  the  same  charge. 

Drawing  of  Jurors. — Lists  of  persons,  competent  to  act  as 
jurors,  are  prepared  by  the  proper  officers  in  each  township 


62  CIVIL   GOVERNMENT. 


and  ward  in  the  county,  and  sent  to  the  County  Clerk.  The 
names  contained  in  these  lists  are  written  on  separate  slips  of 
paper,  and  arranged  in  packages.  A  few  days  before  the  open- 
ing of  the  Circuit  Court,  the  Clerk  of  the  county,  in  a  manner 
prescribed  by  law,  draws  the  required  number  of  petit  jurors, 
and,  if  the  court  so  orders,  the  names  of  twenty-three  persons 
to  act  as  grand  jurors.  The  Sheriff  summons  those  whose 
names  are  drawn  to  attend  court.  If  a  person  duly  summoned, 
is  not  present  at  the  court  on  the  day  specified  in  the  summons, 
he  is  subject  to  a  fine  of  twenty  dollars  for  each  day  that  he 
neglects  to  attend,  unless  he  can  show  reasonable  cause  for  his 
non-attendance. 

1.  Jurors  in  a  Justice's  Court  receive  one  dollar  per  day;  in  a  Circuit 
Court,  two  dollars  per  day. 

2.  The  Supervisor  and  Clerk  of  each  township  prepare  a  list  of  persons 
within  their  township  to  act  as  jurors.  The  whole  number  selected  in  a 
county  must  not  be  less  than  one  hundred  and  not  exceed  four  hundred, 
one-half  being  designated  as  petit  jurors  and  the  other  half  as  grand 
jurors. 

3.  State  officers,  judges,  clerks  of  courts,  registers  of  deeds,  sheriffs 
and  their  deputies,  coroners,  constables,  all  officers  of  the  United  States, 
attorneys,  officers  of  the  University  and  of  colleges,  ministers,  teachers, 
superintendents,  engineers,  collectors  of  canals  and  railroads,  ferry- 
men, firemen,  all  persons  more  than  sixty  years  of  age,  are  exempt  from 
serving  as  jurors.  The  court  may  excuse  a  person  from  serving  as  a  juror, 
when  the  interests  of  the  public  or  of  the  juror  require  his  absence. 

Notaries  Public. — Notaries  Public  are  appointed  by  the 
Governor  with  the  advice  and  consent  of  the  Senate.  Their 
term  of  office  is  four  years.  They  are  authorized  to  adminis- 
ter oaths,  to  take  sworn  statements  in  writing,  called  affidavits, 
to  take  the  proof  and  acknowledgment  of  deeds,  mortgages, 
and  other  legal  instruments,  and  to  perform  various  other 
duties  connected  with  commercial  paper. 

By  commercial  paper  is  meant  notes,  bills  of  exchange,  and  the  like. 


JUDICIAL    DEPARTMENT. 


63 


COURTS  AND  OFFICERS  OF  COURTS. 


Supreme  Court. 
State. 


Circuit  Court. 
District. 


Probate  Court. 
County. 


Justice's  Court. 
Township,  City. 


Judges, 

Clerk, 

Reporter, 

Attorney  General, 

Crier, 

\  Under  Sheriff,    jj 


i 
> 

1 


Sheriff, 


1  Deputies, 
^  Attorneys.  j. 


Judge, 

Circuit  Court  Commission^, 

Clerk,  ^ 

Stenographers, 

Prosecuting  Attorney, 

c.,     .rr    (  Under  Sheriff,  ?^ 

Sheriff,   ■{  ^        .  ^ 

I  Deputies,  ^ 

^  Attorneys.  v. 


I  Judge, 
"J  Register. 


Justice  of  the  Peace, 

Constables. 


I 


-i 


64 


CIVIL   GOVERNMENT. 


Municipal  Courts. 
Dejroit. 


Superior  Court, 
Recorder's  Court, 
Police  Court, 
Justices'  Court. 


Juries. 


(  Grand  Jury, 
i  Petit  Jury. 


Notaries  Public. 


The  Board  of  Supervisors  of  any  county  may,  by  a  two-thirds  vote, 
authorize  the  Probate  Judge  to  appoint  a  Probxle  Register.  The  Register 
has  power  to  receive  petitions,  fix  the  time  of  hearing,  administer  oaths, 
and  perform  all  acts  required  by  the  Probate  J'ldge,  except  judicial  acts. 
The  salary  of  this  officer  is  fixed  by  the  Board  of  Supervisors. 


tLtCllONS.  65 


OHAPTEE  YIL 


ELECTIONS. 

Elections. — Elections  are  held  at  specified  times,  under 
the  direction  of  officers  designated  by  law,  for  the  purpose  of 
choosing  State,  district,  county,  township,  city,  and  village 
officers.  The  purity  of  the  ballot-box  is  essential  to  the  main- 
tenance of  free  institutions,  and  the  State,  recognizing  this 
fact,  has  made  provision  for  a  full  and  free  expression  of  the 
will  of  the  people,  described  minutely  the  duties  and  powers 
of  those  having  charge  of  elections,  enacted  laws  to  preserve 
the  purity  of  elections,  and  affixed  severe  penalties  for  their 
violation. 

Officers  Elected. — The  various  officers  elected  in  the  State, 
district,  county,  township,  city,  and  village,  may  be  classified 
as  follows : — 

1.  State  executive  officers ; 

2.  Members  of  the  State  Legislature  and  Repr^ 

sentatives  in  Congress; 

3.  Judges  of  the  Supreme  and  Circuit  Courts  ; 

4.  County  officers ; 

5.  Township  and  city  officers; 

6.  Village  officers. 


66  CIVIL   GOVERNMENT. 


Time  of  Election, — The  law  provides  for  three  regular 
elections : — 

1.  A  general  election  in  November ; 

2.  An  April  election ; 

3.  A  March  election. 

These  elections  are  sometimes  designated  as  the  fall  and 
spring  elections. 

Special  elections  to  fill  vacancies  may  be  held  at  other  times. 
General  Election. — The  general  election  occurs  on  the 
Tuesday  following  the  first  Monday  in  November  of  every  even 
year.    At  this  time  are  elected, — 

1.  State  executive  officers ; 

2.  Members  of  the  State  Legislature  and  Repre- 
sentatives in  Congress ; 

3.  County  officers. 

These  officers  are  elected  for  two  years,  with  the  exception 
of  the  Probate  Judge,  who  is  elected  for  four  years. 

1.  It  would  not  be  possible  to  select  a  certain  date,  as,  for  example, 
the  twelfth  of  November,  for  the  reason  that  Sunday  sometimes  comes  on 
that  day. 

2.  At  the  same  time  that  the  above  officers  are  elected,  a  member  of 
the  State  Board  of  Education  is  also  elected. 

April  Election. — This  election  occurs  every  year,  on  the 
first  Monday  in  April.     At  this  time  are  elected, — 

1.  Judges  of  the  Supreme  and  Circuit  Courts; 

2.  Township  and  city  officers. 

Judges  of  the  Supreme  Court  are  elected  for  eight  years, 
one  being  elected  every  two  years;  Judges  of  the  Circuit  Court, 


ELECTIONS.  67 

for  six  years ;  township  and  city  officers,  for  one  year,  except 
Justices  of  the  Peace,  elected  for  four  years,  and  Drain  Com- 
missioner, for  two. 

1.  In  Detroit,  city  oflScers  are  elected  on  the  first  Monday  in  Novem- 
ber of  every  odd  year. 

2.  Two  Regents  of  the  University  are  elected  every  two  years  at  the 
April  election. 

March  Election, — On  the  second  Monday  in  March  of 
each  year  usually  occurs  the  election  of  village  officers.  The  . 
term  of  office  of  village  and  city  officers  is  the  same. 

Qualified  Voters. — No  person  is  allowed  to  vote  until  he 
is  twenty-one  years  of  age.  Every  voter  must  be  a  citizen  of 
the  United  States,  and  must  have  resided  in  the  State  three 
months  and  in  the  township  or  ward  ten  days  preceding  the 
election.  Male  citizens  having  these  qualifications  are  said  to 
be  qualified  voters. 

Any  person  engaging  in  a  duel,  either  as  principal  or  accessory,  is  dis- 
qualified, by  the  Constitution  of  the  State,  from  holding  office  or  from 
voting  at  any  election. 

Special  Privileges  of  Voters. — ^Voters,  while  going  to  and 
returning  from  the  polls,  are  privileged  from  arrest,  except  for 
treason,  or  a  crime  punishable  by  death  or  imprisonment,  or 
the  violation  of  the  public  peace.  On  election  days,  they  are 
also  exempt  from  military  duty,  except  in  time  of  war  or  public 
danger,  and  they  are  not  obliged  to  attend  court  as  suitors  or 
witnesses. 

Certain  Limitations. — Paupers,  insane  persons,  and  idiots 
are  not  allowed  to  vote,  since  they  are  dependent  upon  others 
for  their  support  and  protection,  and  are  not  capable  of  acting 
for  themselves.  They  occupy  about  the  same  relation  to  the 
State  that  persons  under-age  do.  Criminals  forfeit  the  right 
of  suffrage  during  their  imprisonment. 


05  CIVIL   GOVERNMENT. 


Boards. — Certain  Boards  are  designated  by  law  to  superin- 
tend the  registration  of  voters,  and  to  receive  and  canvass  the 
votes  cast  for  the  various  officers.     These  are, — 

1.  Boards  of  Registration, 

2.  Inspectors  of  Election,  % 

3.  County  Canvassers, 

4.  District  Canvassers, 

5.  State  Canvassers. 

The  Boards  of  Registration  prepare  lists  of  all  legal  voters ; 
the  Inspectors  of  Election  receive  votes  and  prepare  statements 
of  the  result;  the  County  Canvassers  decide  what  county 
officers  are  elected ;  District  Canvassers  determine  the  result 
in  the  representative  and  senatorial  districts  ;  the  State  Can- 
vassers decide  what  State  officers  are  elected. 

Registration. — Every  voter  is  required  by  law  to  have  his 
name  properly  registered  in  the  election  district  in  which  he 
resides,  before  he  is  permitted  lo  vote.  Previous  to  an  elec- 
tion, the  proper  officers  meet  to  record  the  names  of  all  quali- 
fied voters  who  present  themselves  for  registration. 

In  townships  and  villages,  the  time  designated  by  law  for  registration 
is  the  Saturday  before  an  election ;  in  cities,  the  Saturday  before  a  general 
election  and  the  day  before  a  charter  election,  and  on  such  other  days,  not 
to  exceed  three,  as  the  Common  Council  may  appoint.  Public  notice  is 
always  given  of  the  time  when  persons  may  register. 

Boards  of  Registration. — In  the  cities,  the  Board  of  Regis- 
tration consists  of  the  Aldermen,  two  of  whom  sit  in  each 
ward ;  in  villages,  two  Trustees  appointed  each  year  by  the 
Village  Council,  and  the  Clerk ;  in  townships,  the  Supervisor, 
Treasurer,  and  Clerk.  These  Boards  meet  at  the  appointed 
time  to  record  additional  names  and  to  correct  the  registration 
lists.     These  lists  are  afterwards  delivered  to  the  Inspectors  of 


ELECTIONS.  69 


Election,  and  they  permit  only  those  to  vote  whose  names 
appear  in  the  lists.  In  this  way,  illegal  voting  is  rendered 
difficult,  and  the  delay  that  would  otherwise  be  occasioned  on 
election  day,  in  ascertaining  the  qualifications  of  voters,  is 
avoided, 

A  person  may  be  registered  on  election  day  by  the  Inspectors,  and 
allowed  to  vote,  on  declaring,  under  oath,  that  he  is  a  legal  voter,  and 
that  sickness,  or  absence  from  town  on  business,  prevented  him  from 
registering  on  the  regular  day. 

Inspectors  of  Election. — In  each  township,  the  Supervisor, 
the  Justice  of  the  Peace  whose  term  of  office  first  expires,  and 
the  Clerk,  constitute  the  Board  of  Inspectors;  in  each  ward, 
the  Supervisor  and  the  two  Aldermen ;  in  a  village,  the  Presi- 
dent, one  Trustee,  and  the  Clerk,  or  three  Trustees.  The 
Supervisor  is  chairman  of  the  Board  of  Inspectors  in  a  town- 
ship or  ward.  In  a  village,  the  President  is  chairman  of  the 
Board. 

Provision  is  made  by  law  for  the  division  of  a  township  or  village  into 
two  or  more  election  districts. 

Duties  of  the  Board. — The  Inspectors  of  Election  receive 
the  ballots  of  those  who  are  legally  qualified  to  vote,  and 
deposit  them  in  a  ballot-box  prepared  for  that  purpose.  Each 
ballot  is  delivered  folded  to  one  of  the  Inspectors,  in  the  pres- 
ence of  the  Board.  No  ballot  can  be  opened  by  an  Inspector 
until  the  close  of  the  polls.  The  Board  have  full  power  to 
maintain  order,  and  they  may  commit  to  the  county  jail,  for 
a  period  of  not  to  exceed  twenty  days,  any  person  guilty  of 
disturbance.  The  Inspectors  of  Election  see  to  it  that  the 
voting  is  peaceably  and  properly  done. 

I.  The  polls  are  opened  at  eight  o'clock  in  the  morning,  and  are 
closed  at  five  in  the  afternoon. 


70  CIVIL    GOVERNMENT. 


2.  Poll  is  a  Saxon  word  meaning  the  head.  It  afterwards  came  to 
mean  a  register  of  heads,  and  finally  a  place  where  an  election  is  held. 
Ballot  is  a  French  word  meaning  a  little  ball.  Balls  of  different  color 
were  sometimes  used  in  voting,  one  color  signifying  the  affirmative,  the 
other  the  negative.  The  word  now  means  a  written  or  printed  ticket  used 
in  voting. 

3.  The  Inspectors,  or  any  voter,  may  challenge  the  qualifications  of 
any  person  desiring  to  vote,  and  unless  the  challenge  is  withdrawn,  the 
voter  is  obliged  to  take  an  oath  that  he  is  qualified  to  vote. 

Clerks. — The  Township  Clerk  acts  as  clerk  of  the  Township 
Board  of  Inspectors,  together  with  some  other  person  selected 
by  the  Board ;  in  the  ward,  the  Supervisor  and  the  two  Alder- 
men select  two  clerks.  To  each  of  the  clerks  is  given  a  com- 
plete list  of  all  legal  voters,  as  determined  by  the  Board  of 
Registration,  and  as  the  name  of  each  person  presenting  his 
vote  is  called  by  one  of  the  Inspectors,  the  clerks  consult  the 
registration  lists  to  see  whether  the  name  appears  there. 

Counting  the  Votes. — When  the  polls  are  closed,  the  In- 
spectors proceed  to  count  the  votes,  while  the  clerks  keep  a 
record  of  the  number  of  votes  cast  for  each  candidate.  If 
the  election  is  a  township  election,  the  Inspectors  determine 
who  is  elected,  and  publicly  declare  the  result.  If,  however, 
State,  county,  or  district  officers  are  to  be  elected,  a  statement 
of  the  number  of  votes  given  for  each  person  voted  for,  is 
prepared  and  sent  to  the  County  and  District  Canvassers. 

1.  The  votes  for  city  officers  are  canvassed  by  the  Common  Council. 

2.  In  addition  to  the  statement  sent  to  the  County  and  District  Boards 
of  Canvassers,  a  similar  statement  is  preserved  by  the  Clerk  of  the  town- 
ship or  city  to  guard  against  accident  or  fraud. 

3.  If  when  counting  the  ballots,  two  are  found  folded  together,  both 
are  destroyed.  If  the  ballots  are  found  to  exceed  the  number  of  registered 
voters,  they  are  replaced  in  the  box,  and  one  of  the  Inspectors  publicly 
draws  out  and  destroys  enough  ballots  unopened  to  equal  the  number  in 
excess.     The  counting  of  votes  must  always  be  public. 


ELECTIONS.  71 


County  Canvassers. — As  there  is  a  local  Board  in  each 
township  to  decide  what  township  officers  are  elected,  so  it  is 
also  necessary  that  there  should  be  a  Board  in  each  county  to 
determine  what  county  officers  are  elected.  The  Inspectors  of 
each  election  district  select  one  of  their  number  to  serve  on 
the  County  Board  of  Canvassers.  To  the  Inspector  thus 
selected  is  intrusted  the  statement  prepared  by  the  Board  of 
Inspectors,  to  be  by  him  delivered  to  the  County  Clerk,  who 
is  the  secretary  of  the  County  Canvassers. 

The  County  Canvassers  meet  on  the  Tuesday  following  the  general 
election,  and  on  the  second  Tuesday  succeeding  the  April  election. 

Duties  of  the  Board. — The  several  Inspectors  appointed  to 
attend  the  county  canvass  constitute  the  County  Board  of 
Canvassers.  They  select  one  of  their  number  as  chairman, 
the  County  Clerk  being  secretary.  They  then  examine  the 
statements  sent  by  the  Boards  of  Inspectors,  and  ascertain  the 
number  of  votes  given  within  the  county  for  State  and  county 
officers.  They  determine  what  county  officers  are  elected, 
and  prepare  statements  of  the  number  of  votes  received  by 
each  candidate  for  a  State  office.  One  of  these  statements  is 
sent  to  the  Secretary  of  State. 

1.  The  County  Canvassers  also  canvass  the  votes  given  for  Judges  of 
the  Circuit  Courts  and  Representatives  in  Congress,  and  they  send  state- 
ments of  the  result  to  the  State  Board  of  Canvassers. 

2.  In  addition  to  the  statement  sent  to  the  Secretary  of  State,  state- 
ments are  also  sent  to  the  Governor  and  State  Treasurer,  so  as  to  guard 
against  accident  or  fraud. 

3.  When  two  candidates  for  a  county  office,  or  a  seat  in  the  Legisla- 
ture, receive  an  equal  number  of  votes,  they  draw  lots  for  the  office,  in 
the  presence  of  the  County  Clerk.  If,  however,  the  office  is  that  of  County 
Clerk,  the  drawing  takes  place  before  the  Sheriff. 

District  Canvassers. — When  a  county  is  divided  mto  two 
6 


72  CIVIL   GOVERNMENT. 


or  more  senatorial  or  representative  districts,  the  Inspectors  of 
Election  representing  the  townships  and  wards  in  each  district, 
together  with  the  County  Clerk  or  his  deputy,  constitute  the 
Board  of  District  Canvassers.  They  meet  soon  after  the 
county  canvass,  and  determine  who  are  elected  in  their  respect- 
ive districts. 

I.  When  the  county  constitutes  one  senatorial  or  representative  dis- 
trict, the  County  Board  of  Canvassers  decide  who  is  elected. 

3.  When  a  senatorial  or  representative  district  is  greater  than  the 
limits  of  a  single  county,  there  is  a  Board  of  Canvassers  composed  of  the 
Clerks  of  the  several  counties  within  the  district,  together  with  the  Judge 
of  Probate,  and  the  Sheriff  of  the  county,  in  which  the  meeting  of  the 
Board  is  held. 

State  Canvassers, — ^The  Secretary  of  State,  the  State  Treas- 
urer, and  the  Commissioner  of  the  Land  Office,  constitute 
the  State  Board  of  Canvassers.  They  examine  the  statements 
sent  to  them  by  the  County  Canvassers,  and  determine  what 
State  officers  are  elected. 

1.  In  addition  to  canvassing  the  votes  for  State  officers,  the  State 
Canvassers  determine  who  is  elected  in  each  congressional  and  judicial 
district. 

2.  If  after  the  votes  are  canvassed  by  the  Board  of  State  Canvassers, 
two  candidates  for  any  office  have  received  an  equal  number  of  votes,  the 
Legislature,  in  joint  session,  choose  one  of  them  to  fill  the  office.  If  the 
determination  of  the  State  Canvassers  is  contested,  the  Legislature  decide 
what  person  is  elected. ' 


ELECl'IONS. 


73 


State  Executive  Officers. 
*^TATE  Legislature. 
Judges  of  the  Supreme 

AND 

Circuit  Courts. 

County  Officers. 
Probate  Judge. 

Township  &  City  Officers. 
Justices  of  the  Peace. 
Drain  Commissioner. 
School  Inspectors. 

Village  Officers, 


WHEN  ELECTED. 

TERM  OF  OFFICB. 

General  Election. 

Two  Years. 

General  Election. 

Two  Years. 

April  Election. 

Eight  Years. 

Six  Years. 

General  Election. 

Two  Years. 

Four  Years. 

April  Election. 

One  Year. 

Four  Years. 

Two  Years. 

Two  Years. 

March  Election. 

One  Year. 

1.  The  General  election  occurs  on  the  Tuesday  following  the  firbt 
Monday  in  November  of  every  even  year;  the  April  election,  on  the  first 
Monday  in  April  of  each  year;  the  March  election,  on  the  second  Monday 
in  March  of  each  year. 

2.  Probate  Juices  a-'C  elected  every  four  years,  commencing  with  the 
year  1852  ;  one  Judge  of  the  Supreme  Court  every  two  years,  commencing 
with  the  year  J 857;  and  two  Regents  of  the  University,  every  two  years^ 
commencing  with  the  year  1863;  Judges  of  the  Circuit  Courts,  every  six 
years,  commencing  with  the  year  1851. 


74 


CIVIL   GOVERNMENT. 


ELECTION  OFFICERS. 


Boards  of 
Registration.  * 


Ward.        \  Aldermen. 


r  Supervisor, 
Township.  -<  Treasurer, 

(,  Township  Clerk, 


(nspectors  of 
Election. 


Ward. 


Village. 


{Supervisor, 
Aldermen. 

(  President, 
-j  One  Trustee, 
(Village  Clerk. 


(  Supervisor, 
Township.  ■<  Justice  of  the  Peace, 
(Township  Clerk. 


Canvassers. 


County. 


District. 


State. 


{One  Inspector  from  each 
election  district. 

f  One  Inspector  from  each 

•j  election  district, 

(  County  Clerk  or  his  deputy. 

r  Secretary  of  State, 

•<  State  Treasurer, 

(  Commissioner  of  Land  Office. 


ELECTIONS.  75 


1.  In  elections,  the  persons  receiving  the  greatest  number  of  vote* 
are  declared  elected. 

2.  Severe  penalties  are  enacted  for  the  punishment  of  bribery,  tam- 
pering with  ballots  or  ballot-boxes,  illegal  voting,  selling  and  giving  away 
liquor  on  election  day,  and  all  other  means  that  have  for  their  object  the 
prevention  of  a  full  and  free  expression  of  the  popular  will. 


76  CIVIL    GOVERNiMENT. 


OnAPTER  YHL 


TAXATION. 

Taxation. — ^To  make  laws,  to  execute  and  enforce  them, 
and  to  administer  justice,  necessitate  the  expenditure  of  money. 
Also  the  erection  of  public  buildings,  for  State,  county,  and 
city  purposes,  the  construction  of  roads  and  bridges,  the  sup- 
port of  schools,  and  the  maintenance  of  works  of  public 
utility,  require  a  considerable  outlay  of  money  annually.  The 
money  needed  for  these  purposes  is  raised  by  taxation.  Each 
person  owning  property  is  obliged  to  contribute  a  certain 
amount  each  year  to  defray  the  annual  expenses  of  the  State, 
and  of  the  county,  township,  city,  or  village  in  which  he 
resides. 

Duty  of  the  Citizen. — If  the  government  protects  the  citi* 
zen  in  the  enjoyment  of  his  property,  and  secures  to  him  the 
rights  of  citizenship,  he  is  certainly  under  obligation  to  main- 
tain and  support  it.  If  he  is  not  obliged  to  spend  his  time  in 
defending  himself  and  in  protecting  his  property,  it  is  but 
reasonable  to  expect  him  to  contribute  to  the  support  of  the 
government,  which  expends  both  time  and  money  in  protect- 
ing his  life  and  property. 

Property  Subject  to  Taxation. — ^All  real  estate  and  personal 
property  are  subject  to  taxation.  By  real  estate  is  meant  lands, 
buildings,  and  fixtures;  by  personal  property  is  meant  goods, 
furniture,  money  at  interest,  stocks,  bank  shares,  vessels,  etc. 
Real  estate  refers  to  anything  that  is  fixed  or  permanent ; 
personal  property  includes  what  is  movable. 


TAXATION.  77 


1.  Money  at  interest  due  a  person,  more  than  he  pays  interest  for, 
is  subject  to  taxation.  Debts  due  a  person,  more  than  his  indebtedness, 
are  taxable. 

2.  The  property  of  corporations  is  taxed  like  that  of  private  individ- 
uals.    Partners  may  be  taxed  jointly. 

3.  Although  a  person  may  have  mortgaged  his  property,  he  is  never- 
theless required  to  pay  taxes  as  though  he  was  in  full  possession  of  his 
estate. 

Property  Exempt  from  Taxation. — Certain  property  is  not 
subject  to  taxation.     This  includes, — 

1.  All  property  belonging  to  the  United  States,  the  State, 
county,  township,  village,  or  city. 

2.  The  property  of  all  library,  benevolent,  charitable, 
and  scientific  institutions. 

3.  All  property  of  religious  societies ;  as,  churches,  par- 
sonages, burial  grounds. 

4.  The  property  of  persons,  who,  by  reason  of  infirmity, 
age,  or  poverty,  are,  in  the  opinion  of  the  Supervisor, 
unable  to  pay  taxes. 

5.  A  certain  portion  of  the  property  of  each  individual. 

1.  National  bonds  are  not  (axed. 

2.  Houshold  furniture  and  utensils  not  exceeding  in  value  two  hun- 
dred dollars ;  all  wearing  apparel ;  one  hundred  and  fifty  dollars  worth  of 
library  or  school  books ;  all  family  pictures;  musical  instruments,  not 
exceeding  in  value  one  hundred  and  fifty  dollars,  and  other  personal  prop- 
erty owned  and  used  by  any  housholder  in  connection  with  his  house  or 
business,  of  the  value  of  two  hundred  dollars,  are  exempted  from  taxation 

Statement  of  Taxable  Property, — ^Each  person  is  required 
to  make  a  statement  to  the  Supervisor  of  all  real  and  personal 
property  in  his  possession  that  is  subject  to  taxation.  It  is  the 
duty  of  the  Supervisor  to  furnish  all  persons  within  his  town- 


78  CIVIL   GOVERNMENT. 


ship  or  ward  with  a  blank  form,  containing  a  list  of  all  prop- 
erty subject  to  taxation,  to  be  filled  out  and  returned  to  him. 

Although  the  law  requires  the  Supervisor  to  furnish  each  person  with 
a  blank  form,  to  be  filled  out  with  a  correct  description  of  his  property 
and  returned  to  him,  this  is  not  usually  done.  The  Supervisor  usually 
goes  through  his  township  or  ward,  and  makes  a  list  of  property  owners, 
together  with  the  value  of  their  property. 

Assessment  of  Property. — When  the  Supervisor  has  received 
these  statements,  he  estimates  the  value  of  the  property  of 
each  person,  for  the  purpose  of  taxation.  This  valuation  of 
property  by  the  Supervisor  is  called  an  assessment.  An  assess- 
ment roll  is  a  list  of  persons  subject  to  taxation,  together  with 
the  estimated  value  of  the  property  of  each. 

The  law  requires  that  property  shall  be  estimated  at  its  cash  ralue. 

Review  of  Assessment  Roll. — On  certain  days  specified  by 
law,  the  Supervisor  is  required  to  be  present  at  his  office  for 
the  purpose  of  reviewing  his  assessment  roll.  If  any  person 
is  dissatisfied  with  the  estimated  valuation  of  his  property,  and 
can  show  sufficient  reason  why  it  is  too  high,  it  is  the  duty  of 
the  Supervisor  to  alter  the  assessment. 

The  days  appointed  for  this  purpose  are  the  third  Monday  in  May  and 
the  two  following  days. 

Equalization  of  Taxes, — ^The  Board  of  Supervisors,  at 
their  annual  meeting,  examine  the  assessment  roll  of  each 
township,  and  ascertain  whether  there  has  been  an  equal  and 
uniform  valuatioa  of  the  real  estate  of  the  several  townships. 
If  it  is  evident  that  the  property  in  some  townships  is  assessed 
too  high,  and  in  others  it  is  too  low,  the  Board  add  to  or 
deduct  from  the  valuation,  until  in  their  judgment  the  assess- 
ment in  each  township,  village,  and  ward  is  relatively  equal. 


TAXATION. 


751 


The  annual  meeting  occurs  on  the  second  Monday  in  Octobtnr  of  each 
year. 

Apportionment  of  Taxes. — ^After  examining  and  equalizing 
the  assessment  rolls,  the  Board  then  apportion  the  taxes  among 
the  several  townships  in  the  county.  By  apportioning  the 
taxes  is  meant  the  assigning  to  each  township  its  just  propor- 
tion of  the  money  to  be  raised  by  taxation.  Every  township 
not  only  pays  a  township  tax,  but  it  also  contributes  its  share 
of  the  State  and  county  tax.  It  is  therefore  necessary  for  the 
Board,— 

1.  To  ascertain  the  township  tax; 

2.  To  determine  the  [county  tax ; 

3.  To  ascertain  the  State  tax. 

Township  Tax. — The  Township  Clerk  furnishes  the  Super- 
visor with  a  statement  of  the  amount  to  be  raised  for  township 
purposes.  This  statement  is  given  by  the  Supervisor  to  the 
County  Clerk,  who  is  the  clerk  of  the  Board  of  Supervisors, 
and  it  is  by  him  laid  before  the  Board. 

Tlie  Ward  and  Village  Supervisors  obtain  sta'.ements  from  the  City  and 
Village  Clerks. 

County  Tax, — ^The  Board  of  Supervisors  determine  how 
much  money  is  to  be  raised  in  the  county  for  county  pur- 
poses, and  they  apportion  this  amount  among  the  several 
townships. 

State  Tax. — ^The  Legislature  determines  the  amount  of  the 
State  tax,  and  the  Auditor  General  apportions  it  among  the 
counties  in  proportion  to  the  valuation  of  taxable  property  in 
each  county,  and  he  notifies  each  County  Clerk  what  propor- 
tion of  the  tax  is  to  be  raised  in  his  county.  The  Clerk  noti- 
fies the  Board  of  Supervisors  of  the  amount,  and  they  appor- 
tion it  among  the  townships. 


^  CIVIL   GOVERNMENT, 


Certificates  of  Apportionment. — The  clerk  of  the  Board 
makes  out  two  certificates  of  the  amount  assessed  upon  the 
property  of  each  township,  for  State,  county,  township,  and 
other  purposes,  and  delivers  one  to  the  County  Tjeasurer, 
and  the  other  to  the  Supervisor  of  the  proper  township,  village, 
or  ward. 

Assessment  by  the  Supervisor, — ^The  Supervisor  then  assesses 
the  taxes  specified  in  the  certificate,  delivered  to  him  by  the 
County  Clerk,  upon  the  property  of  each  individual  as  made 
out  in  his  assessment  roll.  Every  person  is  taxed  in  propor- 
tion to  the  amount  of  property  in  his  possession.  The  Board 
of  Supervisors  apportion  the  taxes  among  the  townships; 
each  Supervisor  apportions  them  among  the  tax  payers  of  his 
township. 

Collection  of  Taxes, — ^After  assessing  the  taxes,  the  Super- 
visor delivers  to  the  Township  Treasurer  or  the  Collector  a 
copy  of  his  assessment  roll,  which  contains  the  valuation  of 
each  person's  property,  and  the  amount  of  State,  county,  and 
other  taxes,  which  he  is  required  to  pay.  The  Township 
Treasurer  or  City  Collector  collects  the  taxes,  and  pays  over 
to  the  County  Treasurer  the  State  and  county  tax. 

The  Township  Treasurer  is  required  to  give  to  the  County  Treasurer 
a  bond  in  double  the  amount  of  the  State  and  county  tax  that  he  is  to 
collect. 

Time  of  Collection, — ^The  time  fixed  for  the  collection  of 
taxes  is  the  month  of  December  of  each  year.  If  a  person 
refuses  or  neglects  to  pay  his  taxes,  as  much  of  his  property  is 
sold  as  is  necessary  to  pay  them.  If  taxes  are  not  paid  before 
the  first  of  January,  four  per  cent,  is  added  for  collection 
dues. 


TAXATION. 


8i 


TAXES. 

BY   WHOM    DETERMINED. 

State. 

State  Legislature. 

County. 

Board  of  Supervisors. 

Township. 

Township  Meeting. 

Village. 

Board  of  Trustees. 

City. 

Common  Council. 

X.  State  tax  apportioned  by  the  Auditor  General  among 
the  counties ;  by  the  Boards  of  Supervisors  among  the  town- 
ships, villages,  and  wards ;  by  the  Supervisors  among  the  tax 
payers. 

2.  County  tax  apportioned  by  the  Board  of  Supervisors 
among  the  townships,  villages,  and  wards  ;  by  the  Supervisors 
among  the  tax  payers. 

3.  The  Supervisors  assess  the  State,  county,  township, 
village,  and  city  taxes  upon  the  property  of  tax  payers. 

4.  The  taxes  are  collected  in  a  township  by  the  Town- 
ship Treasurer ;  in  a  village  by  the  Marshal ;  in  a  city  by 
the  Collector. 


82  CIVIL    GOVERNMENT. 


CHAPTER  IX. 


PUBLIC  SCHOOL  SYSTEM. 

Educational  System. — The  educational  system  of  the  State 
of  Michigan  is  an  organic  whole,  which  begins  with  the  pri- 
mary school  and  is  crowned  by  the  State  University.  As 
collateral  branches  of  this  system,  there  is  the  Normal  School 
for  the  training  of  teachers,  and  the  Agricultural  College  for 
the  special  training  of  farmers. 

Support  of  Public  Schools. — The  public  schools  of  the  State 
are  supported  in  three  ways : — 

1.  By  the  interest  of  the  primary  school  fund  ; 

2.  By  a  one-mill  tax  ; 

3.  By  school  district  taxes. 

Origin  of  the  Primary  School  Fund. — At  the  close  of  the 
Revolutionary  War,  the  government  was  deeply  in  debt,  and 
it  was  of  the  greatest  concern  to  public  men  how  this  debt 
should  be  paid.  As  the  United  States  had  control  of  a  vast 
territory  in  the  northwest,  it  was  thought  that  by  holding  out 
great  inducements  to  purchasers,  a  considerable  revenue  could 
be  realized  by  the  sale  of  the  public  lands.  Among  other 
inducements  which  were  held  out,  the  government  promised 
to  all  who  would  settle  there  that  one  section  of  land  in  each 
township  should  be  set  apart  for  the  advancement  of  education. 
It  secured  to  the  early  settlers  and  their  posterity  a  permanent 
means  of  educating  their  children.  The  fund  derived  from 
the  sale  of  these  lands  is  called  the  primary  school  fund. 


VV^ 


^h^;6'4-^^sf. 


PUBLIC   SCHOOL   SYSTEM,  ^2t 

Disposition  of  the  Fund. — When  Michigan  was  admitted  as 
a  State  into  the  Union,  the  sections  of  land  set  apart  for  edu- 
cational purposes,  were  conveyed  to  the  State  for  the  use  of 
the  public  schools.  All  money  derived  from  the  sale  of  these 
lands  remains  a  perpetual  fund,  the  interest  of  which  is  appor- 
tioned annually  among  those  school  districts  that  during  the 
year  maintain  a  school  the  length  of  time  required  by  law. 
This  apportionment  is  based  on  the  number  of  school  children 
in  each  district.  One-half  of  what  the  State  receives  from 
the  sales  of  swamp  lands  also  goes  to  this  fund. 

1.  The  law  provides  that  district  schools  must  be  taught  as  follows : — 
Districts  with  from     i  to  30  children,  not  less  than  three  months. 

«  «       u      20  to  800      «<         <«      «       '«     five  «'  , 

«  ««      «*     800  or  over      "         '*     "      *♦     nine         *♦ 

2.  The  primary  school  fund  is  apportioned  by  the  Superintendent  of 
Public  Instruction  among  the  townships,  and  by  the  Township  Clerks 
among  the  districts.  It  can  only  be  used  to  pay  teachers*  wages.  In  1882 
the  income  from  this  fund  amounted  to  j^639,o68.47.  The  rate  per  capit, 
was  III. 24. 

3.  The  swamp  lands  were  given  to  the  State  by  Congress.  A  great 
proportion  of  the  lands  are  swamp  only  in  name,  and  comprise  «ome  of 
the  most  valuable  lands  in  the  State. 

Sections. — ^When  the  public  lands  of  the  United  States  are 
surveyed,  they  are  laid  out  in  townships  and  numbered.  Each 
township  is  six  miles  square,  and  consequently  contains  thirty- 
six  square  miles,  or  23,040  acres.  Every  township  is  subdi- 
vided into  thirty-six  equal  divisions,  or  square  miles,  called 
sections.  A  section,  then,  is  a  square  mile,  or  640  acres. 
The  sixteenth  section  of  every  township  is  set  apart  for  the 
support  of  the  public  schools. 


84 


CIVIL   GOVERNMENT. 


A  Township. 


6 
7 

5 

4 

3 

2 

I 

8 

9 

10 

II 

12 

i8 

17 

16 

15 

14 

^3 

19 

20 

21 

22 

23 

24 

30 

29 

28 

27 

26 

25 

31 

32 

33 

34 

35 

36 

Townships  are  first  numbered  and  afterwards  named;  as,  Adrian? 
Township,  Ann  Arbor  Township.  Section  one  is  always  in  the  north-east 
comer  of  a  township,  and  the  numbers  run  as  indicated  in  diagram. 

The  One-Mill  Tax. — On  all  the  taxable  property  of  the 
State,  there  is  levied  an  annual  tax  of  one-mill  on  the  dollar 
for  school  purposes.     This  is  called  the  one-mill  tax. 

This  tax  is  assessed  by  each  Supervisor  upon  the  taxable  property  of 
his  township.     It  amounts,  on  an  average,  to  about  one  dollar  per  child. 

School  District  Taxes. — At  the  annual  meeting  of  each 
school  district,  money  is  voted  for  school  purposes,  as  the 
building  of  school- houses,  keeping  them  in  repair,  pur- 
chasing the  necessary  appendages  and  school  apparatus. 
Money  thus  voted,  together  with  the  amount  estimated  by 
the  District  Board  as  necessary  for  hiring  teachers,  and  for 


PUBLIC   SCHOOL   SYSTEM.  85 


meeting  all  expenses  arising  from  the  proper  maintenance 
of  the  school  during  the  year,  is  levied  by  the  Supervisor 
on  the  taxable  property  of  the  school  district. 

School  Libraries. — Every  township  is  required  to  main- 
tain 2l  township  library.  Instead,  however,  of  a  township 
library,  a  school  library  in  each  district  may  be  substituted. 
All  money  received  from  penal  fines,  is  applied  to  the  pur- 
chase of  books,  and  a  part  of  the  one-mill  tax  may  also  be 
appropriated  for  the  same  purpose.  The  value  and  impor- 
tance of  school  libraries  can  not  be  overestimated.  Useful 
information  contained  in  well  selected  books,  affects  almost 
as  much  good  as  the  schools  themselves.  As  public  opinion 
becomes  more  enlightened  and  better  informed,  the  govern- 
ment will  become  more  permanent  and  equitable. 
•-t  Superintendent  of  Public  Instruction. — Our  system  of 
public  instruction,  in  some  of  its  features,  is  derived  from 
Prussia.  In  accordance  with  the  Prussian  system,  an  officer 
is  elected,  called  the  Superintendent  of  Public  Instruction, 
whose  duty  it  is  to  devote  his  entire  labor  and  thought  to 
the  perfection  of  our  educational  system,  and  to  the  over- 
sight, not  only  of  primary  schools,  but  also  of  the  Univer- 
sity, high  schools,  colleges,  and  all  other  institutions  of  a 
like  character  established  in  the  State.  Although  the  man- 
agement of  these  institutions  is  intrusted  to  certain  boards, 
yet  over  all  is  placed  the  State  Superintendent,  who  repre  - 
sents  the  watchful  care  of  the  State  over  its  educational 
interests. 

Duties  of  the  State  Superintendent, — The  Superintendent 
of  Public  instruction  has  the  general  supervision  of  the 
educational  interests  of  the  State,  and  is,  by  virtue  of  his 
office,  a  member  and  secretary  of  the  State  Board  of  Edu- 


86  CIVIL    GOVERNMENT. 

cation.  It  is  his  duty  to  promote,  as  far  as  possible, 
the  efficiency  of  the  public  school  system.  Institutions  of 
learning  are  at  any  time  subject  to  his  visitation  and  exami- 
nation, and  are  annually  required  to  report  to  him  their 
condition  and  progress.     His  more  important  duties  are, — 

1.  To  apportion  the  income  of  the  primary  school  fund 
among  the  several  townships  and  cities  of  the  State. 

2.  To  hold  teachers'  institutes. 

3.  To  appoint  a  board  of  visitors  to  the  University,  and 
to  all  incorporated  institutions  of  learning. 

4.  To  cause  to  be  printed  the  school  laws  of  the  State. 

5.  To  prepare  annually  a  report  to  the  Governor  of 
the  apportionment  of  the  primary  school  money,  the 
condition  of  the  various  educational  institutions  of 
the  State,  and  such  plans  for  their  improvement  and 
better  organization  as  he  may  deem  expedient.  This 
report  is  transmitted  by  the  Governor  to  the  Legis- 
islature. 

1.  The  report  of  flic  State  Superintendent  is  printed  each  year  for 
distribution. 

2.  A  board  of  visitors  consists  of  three  persons.  Each  board  is 
appointed  annually,  with  the  exception  of  the  board  of  visitors  to  the 
University,  which  is  appointed  every  two  years.  The  members  of  each 
board  examine  the  condition  of  the  institution  which  they  are  appointed 
to  visit,  in  all  of  its  departments,  and  report  the  result  to  the  Superinten- 
dent of  Public  Instruction,  with  such  suggestions  as  they  may  deem  proper. 

State  Board  of  Education. — The  State  Board  of  Educa- 
tion consists  of  three  persons,  elected  by  the  people  of  the 
State  at  the  general  election  in  November,  and  the  Super- 
intendent of  Public  Instruction,  who,  by  virtue  of  his  office, 
is  a  member  and  secretary  of  the  Board.  All  the  members, 
with  the  exception  of  the  Superintendent  of  Public  Instruc- 


PUBLIC   SCHOOL   SYSTEla.  87 

tion,  are  elected  for  six  years,  one  being  elected  at  each 
general  election.     The  duties  of  the  Board  are, — 

1.  To  examine  teachers  for  State  certificates. 

2.  To  prepare  questions  to  be  used  by  the  County 
Board  of  School  Examiners  in  the  examination  of 
teachers. 

3.  To  prepare  lists  of  books  suitable  for  township  and 
district  libraries,  and  make  arrangements  with  re- 
sponsible parties  to  furnish  these  books  to  school 
libraries  at  the  lowest  rates. 

4.  To  have  general  supervision  of  the  State  Normal 
School. 

Township  Board  of  School  Inspectors.— ^Th^  Township 
Board  of  School  Inspectors  consists  of, — 
The  School  Inspectors, 
The  Township  Clerk. 
The  Board  elect  one  of  their  own  number  chairman. 
The  Township  Clerk  is  the  clerk  of  the  Board. 
Women  are  eligible  to  the  ofBce  of  School  Inspector. 
Duties  of  the  Board, — The  most  important  duties  of  the 
Board  are, — 

1.  To  divide  the  township  into  school  districts. 

2.  To  have  general  supervision  of  the  township  library. 

The  principal  duty  of  the  Board  is  to  divide  the  town- 
ship into  school  districts,  and  to  regulate  and  alter  the 
boundaries  as  circumstances  render  necessary.  The  Board 
also  receives  from  the  Township  Treasurer  all  money 
belonging  to  the  township  library,  purchases  books,  and 
has  the  general  management  of  the  library. 


88  CIVIL   GOVERNMENT. 

In  townships  in  which  there  are  district  libraries,  instead  of  a  township 
library,  the  management  of  the  libraries  is  intrusted  to  the  District  Boards. 
E^ch  Board  appoints  its  own  librarian. 

Chairman  of  the  Board  of  School  Inspectors. — It  is  the 
duty  of  the  chairman  of  the  Board  of  School  Inspectors  to 
visit  the  schools  in  his  township  at  least  once  in  each  term, 
and  examine  carefully  the  discipline,  mode  of  instruction, 
and  the  progress  and  proficiency  of  the  pupils.  It  is  also 
his  duty  to  counsel  with  teachers  and  District  Boards  as  to 
courses  of  study  to  be  pursued,  and  with  reference  to  any 
improvement  in  discipline  and  instruction  in  the  schools; 
to  note  the  condition  of  the  school-houses,  and,  if  neces- 
sary, suggest  plans  for  their  improvement ;  and  to  promote, 
as  far  as  possible,  the  efficiency  of  the  schools  of  his  township. 

1.  The  chairman  is  subject  to  the  advice  of  the  County  Board  of 
School  Examiners. 

2.  When  visiting  schools  he  is  entitled  to  two  dollars  per  day. 

3.  If  a  school  is  not  conducted  in  a  successful  and  profitable  manner, 
it  is  the  duty  of  the  chairman  to  report  the  fact  to  the  secretary  of  the 
Board  of  School  Examiners. 

County  Board  of  School  Examiners. — The  Board  of 
School  Examiners  consists  of  three  members,  elected  for 
three  years,  one  being  elected  each  year.  This  Board  ex- 
amines persons  desiring  to  teach,  and  grants  teachers'  certif- 
icates. 

Each  School  Examiner  receives  four  dollars  a  day  when  performing 
the  duties  of  his  office.  The  secretary  of  the  Board  also  receives  two 
dollars  for  each  school  district  in  the  county,  for  services  and  expenses  as 
secretary. 

Election  of  School  Examiners. — The  School  Exami- 
ners are  elected  by  the  chairmen  of  the  Township  Boards 
of   School   Inspectors.     On  a  day  designated  by  law,  the 


PUBLIC   SCHOOL  SYSTEM.  89 


chairmen  of  the  Boards  of  School  Inspectors  of  the  several 
townships  in  each  county,  meet  at  the  office  of  the  County- 
Clerk,  and  elect  a  School  Examiner.  The  term  of  office  of 
one  Examiner  expires  each  year. 

1.  The  County  Clerk  is  clerk  of  the  election.  In  case  of  a  tie,  he 
gives  the  casting  vote. 

2.  The  election  of  School  Examiners  occurs  on  the  first  Tuesday  of 
August. 

/omi  Meeting. — ^After  the  election  of  a  School  Exami- 
ner, there  is  a  joint  meeting  of  the  chairmen  of  the  Town- 
ship Boards  of  School  Inspectors  and  the  County  Board  of 
School  Examiners.  The  object  of  this  meeting  is  to  con- 
sult with  reference  to  the  general  interests  of  the  schools, 
and  to  devise  plans  for  greater  efficiency  in  the  work  of 
supervision.  As  the  School  Examiners  are  intrusted  with 
the  work  of  ascertaining  the  character  and  qualifications 
of  teachers,  and  the  chairmen  of  the  Boards  of  School 
Inspectors  are  required  to  examine  the  work  actually  being- 
done  in  the  schools  and  exercise  a  local  supervision,  it  will 
be  seen  that,  to  insure  the  best  results,  there  must  be  some 
unity  of  action  between  the  County  Examiners  and  the 
chairmen  of  Township  Boards  of  School  Inspectors. 

1.  The  chairman  of  the  Board  of  School  Examiners  presides  at  the 
joint  meeting,  and  the  secretary  of  the  same  Board  acts  as  secretary. 

2,  The  chairmen  of  the  Boards  of  School  Inspectors  receive  three 
dollars  a  day  when  in  attendance  at  the  joint  meeting. 

Organization  of  the  Board  of  School  Examiners. — The 
School  Examiners  meet  at  the  office  of  the  County  Clerk 
and  organize  as  a  Board  by  first  electing  one  of  their  num- 
ber as  secretary.  The  secretary  is  the  principal  officer  ol 
the  Board.  After  the  election  of  secretary,  the  law  requires 
that  the  School  Examiner,  other  than  the  secretary,  whose 


90  CIVIL   GOVERNMENT. 


term  of  office  soonest  expires,  shall  be  chairman. 

1.  The  School  Examiners  meet  to  organize  on  the  fourth  Tuesday 
of  August  of  each  year. 

2.  If  a  vacancy  occurs  in  the  Board,  the  Judge  of  Probate  has  the 
power  to  fill  it  for  the  unexpired  portion  of  the  term.  He  also  has  the 
power  to  remove  any  member  of  the  Board  for  immorality,  incompetency, 
or  neglect  of  duty. 

Examination  of  Teachers. — The  Board  of  Examiners 
are  required  to  examine  all  persons  who  may  offer  them- 
selves as  teachers,  and  to  grant  certificates  to  all  persons 
who  are  found  qualified  in  respect  to  good  moral  character, 
learning,  and  ability  to  instruct  and  govern  a  school.  No 
certificate  can  be  granted  to  any  one  who  has  not  passed 
a  satisfactory  examination  in  orthography,  reading,  writing, 
grammar,  geography,  arithmetic,  the  theory  and  art  of 
teaching,  United  States  history,  and  civil  government.  The 
Board  can  suspend  or  revoke  a  teacher's  certificate  for  neg- 
lect of  duty,  incompetency  to  instruct  or  govern  a  school, 
or  immorality.  No  school  officer  has  a  right  to  employ 
any  one  to  teach  who  does  not  have  a  proper  certificate 
firom  the  County  Board  of  School  Examiners,  or  other  law- 
ful authority. 

1.  School  officers  may  have  an  understanding  with  teachers  awaiting 
an  examination,  but  to  employ  a  person  to  teach  who  does  not  hold  a 
proper  certificate,  is  a  violation  of  the  law. 

2.  The  law  provides  for  at  least  two  regular  public  examinations  in 
each  year  at  the  county  seat,  on  the  last  Friday  of  March  and  October. 
Special  public  examinations  are  also  held  at  such  times  and  places  as  the 
Examiners  appoint. 

3.  By  lawful  authority  is  meant  the  State  Board  of  Education,  Board 
of  Instruction  of  the  Normal  School,  districts  having  special  charters 
authorizing  the  School  Board  to  grant  certificat«s,  oflScers  of  school  dis- 
tricts organized  in  whole  or  in  part  in  incorporated  cities,  and  the  County 


PUBLIC    SCHOOL   SYSTEM.  91 


Board  of  School  Examiners. 

Teachers'  Certificates. — There  are  three  grades  of  certi- 
ficates. Certificates  of  the  first  grade  are  granted  only  to 
those  who  have  taught  at  least  one  year  with  ability  and 
success,  and  are  valid  throughout  the  county  for  three  years ; 
certificates  of  the  second  grade  are  granted  to  those  who 
have  taught  at  least  six  months,  and  are  valid  for  two  years  • 
certificates  of  the  third  grade  license  a  person  to  teach  fo*- 
one  year.  No  certificate  is  valid  beyond  the  county  in 
which  it  is  given. 

1.  If  a  teacher's  certificate  expires  during  a  term  of  school,  care  should 
be  taken  to  renew  it  in  season.  Public  money  can  not  lawfully  be  paid 
to  a  teacher  for  services  rendered  after  the  time  of  the  certificate  has 
expired, 

2.  Every  male  teacher  receiving  a  certificate  is  required  to  pay  a  fee 
of  one  dollar;  and  every  female  teacher,  a  fee  of  fifty  cents.  No  teacher, 
however,  is  required  to  pay  this  lee  more  than  once  in  any  school  year. 
All  money  thus  paid  is  used  for  the  support  of  teachers'  institutes. 

3.  The  Secretary  of  the  Board  of  School  Examiners  may,  on  exami- 
nation,  grant  special  certificates  licensing  the  holder  to  teach  in  a  specified 
district  till  the  next  public  examination  by  the  Board.  In  addition  to  the 
regular  institute  fee,  the  teacher  so  licensed  is  required  to  pay  the  secretary 
a  fee  of  one  dollar,  as  a  compensation  for  his  services  in  holding  such 
special  examination. 

State  Certificates. — State  certificates  entitling  the  holder 
to  teach  in  any  of  the  schools  of  the  State  without  further 
examination,  are  granted  by  the  State  Board  of  Education 
after  a  thorough  and  critical  examination.  Only  teachers 
of  considerable  scholarship  and  ability  can  secure  these 
certificates.  State  certificates,  are  valid  for  ten  years,  unless 
revoked  by  the  Board.  Nx 

1.  The  examination  fee  is  five  dollars,  ..-^^ 

2.  The  members  of  the  State  Board  of"  Education  receive  three  dol- 


<>o 


9i£  CIVIL   GOVERNMENT. 

iars  a  day  and  traveling  expenses  while  engaged  in  examining  teachers 
or  preparing  examination  questions  for  the  use  of  County  Boards  of  School 
Examiners. 

Something  Prohibited. — Superintendents  and  teachers  of 
public  schools  are  prohibited  by  law  from  acting  as  agents 
for  any  author,  bookseller,  or  publisher,  or  from  receiving 
a  reward  for  their  influence  in  securing  the  purchase  of 
books,  school  apparatus,  or  furniture. 

School  District. — The  school  district  is  the  smallest  divi- 
sion of  our  educational  system,  just  as  the  township  is  the 
smallest  division  of  our  political  system.  Every  school 
■district  organized  according  to  law  is  a  corporate  body  and 
is  numbered.  It  is  capable  of  suing  and  being  sued,  and 
of  holding  and  selling  real  and  personal  property.  In  each 
district  a  school-house  is  built. 

1.  The  great  evil  of  our  educational  system  is  the  division  of  town 
ships  into   small  school    districts.     Undoubtedly   a  township  system   of 
graded  schools  would  be  much  %iore  efficient. 

2.  Sometimes  a  school  district  is  formed  that  lies  partly  in  one  town- 
ship and  partly  in  another,  or  pardy  in  three  or  four  townships.  This  is 
called  a  fractional  district. 

School  Meetings. — The  annual  meeting  of  a  school  dis- 
trict is  held  on  the  first  Monday  in  September  of  each  year, 
and  the  school  year  commences  on  that  day.  Special  meet- 
ings may  be  called  by  the  District  Board  at  any  time. 

1.  It  is  the  duty  of  the  District  Board  to  call  a  special  meeting  at  the 
written  request  of  not  less  than  five  legal  voters  of  the  district. 

2.  Only  such  business  can  be  legally  transacted  at  a  special  meeting 
AS  is  indicated  in  the  notice  of  the  meeting. 

Powers  of  School  Meetings, — School  meetings  have  the 
power  to  direct  the  building  or  purchasing  of  school-houses, 
impose  taxes  for  school  purposes,  authorize  and  direct  the 


PUBLIC  SCHOOL  SYSTEM.  93 


sale  of  school  property,  determine  the  length  of  time  the 
schools  are  to  be  taught,  elect  members  of  the  District 
Board,  and  adopt  such  measures  as  may  be  necessary  for 
the  protection  and  development  of  school  interests. 

1.  The  amount  of  taxation  and  indebtedness  for  school  purposes  is 
limited  by  law. 

2.  A  school  month  consists  of  four  weeks  of  five  days  in  each  week. 

3.  If  a  school  is  not  taught  the  length  of  time  required  by  law,  it 
forfeits  its  share  of  the  income  of  the  primary  school  fund  and  of  the  one- 
mill  tax. 

Qualifications  of  Voters. — Every  person  of  the  age  of 
twenty-one  years  who  has  taxable  property,  and  has  re- 
sided in  the  school  district  three  months  preceding  the 
school  meeting,  is  qualified  to  vote  upon  all  questions. 
When  the  raising  of  money  by  taxation  is  not  in  question, 
all  persons  who  are  twenty-one  years  of  age,  and  are  the 
parents  or  legal  guadians  of  any  children  included  in  the 
school  census  of  the  district,  and  who  have  resided  in  the 
district  for  three  months,  can  vote. 

Women  can  vote  at  a  school  meeting,  and,  if  tax  payers,  are  eligible  to 
office.     No  person  is  eligible  to  office  unless  he  is  a  tax  payer. 

District  Board. — The  District  Board  consists  of  the,— 

1.  Moderator, 

2.  Director, 

3.  Assessor. 

The  Moderator  is  chairman,  the  Director  is  clerk,  and 
the  Assessor  is  treasurer.  The  District  Board  has  the 
general  care  and  supervision  of  the  school,  and  it  has  the 
power  to  establish  such  rules  and  regulations  for  its  disci- 
pline and  management  as  it  may  deem  proper.  The  suc- 
cess of  the  school  mainly  depends  on  its  careful  oversight 
and  ability.  It  is  the  medium  through  which  the  district 
acts  as  a  corporation.     The  Board  hires  teachers,  prescribes 


CIVIL   GOVERNMENT. 


text-books,  purchases  books  for  the  use  of  children  whose 
parents  are  not  able  to  furnish  them,  applies  money  as 
directed  by  the  district  meeting,  and  performs  such  duties 
as  the  interests  of  the  school  demand.  It  is  required  to 
present  to  the  annual  meeting  a  report,  in  writing,  of  all 
receipts  and  disbursements. 

1 .  District  officers  are  elected  for  a  term  of  three  years,  one  being 
elected  each  year.     A  majority  vote  is  necessary  to  elect. 

2.  It  is  the  duty  of  the  Board  to  fill  by  appointment  any  vacancy  that 
occurs  in  its  number,  or  call  a  special  meeting  to  fill  the  vacancy  by  an 
election. 

3.  District  Boards  are  required  to  make  reports  to  the  Townshio  Board 
of  School  Inspectors,  the  Township  Board  to  the  County  Clerk,  and  the 
County  Clerk  to  the  Superintendent  of  Public  Instruction. 

Moderator. — It  is  the  duty  of  the  Moderator  to  pre- 
side at  all  meetings  of  the  district,  preserve  order,  and 
perform  the  usual  duties  of  a  presiding  officer.  He  is  also 
chairman  and  a  member  of  the  District  Board. 

If  the  Moderator  is  absent  from  a  school  meeting,  some  other  person 
•  may  be  selected  to  preside. 

Assessor. — The  Assessor  is  treasurer  and  a  member  of 
the  District  Board.  No  money  can  legally  be  paid  out  by 
the  district  except  through  him.  He  is  required  to  pay  all 
orders  of   the  Director,  countersigned   by  the  Moderator. 

1.  The  Assessor  appears  for  the  district  in  all  suits,  when  no  other 
directions  are  given  at  the  school  meeting,  except  in  suits  in  which  he  is 
interested  adversely  to  the  district 

2.  He  is  obliged  to  give  bonds  to  double  the  amount  of  money  that 
18  likely  to  come  into  his  hands. 

Director. — The  Director  ie  clerk  and  a  member  of  the 
District  Board,  and  he  is  also  clerk  of  all  district  meetings. 
He  keeps  a  record  of  all  proceedings,  and  preserves  all 


PUBLIC    SCHOOL    SYSTEM.  95 

books  and   papers   belonging  to  his  office.     It  is  also   his 
duty,— 

1.  To  give  notice  of  all  school  meetings,  and  draw  all 
warrants  and  orders. 

2.  To  draw  books  from  the  township  library,  and  dis- 
tribute them  in  his  district. 

This,  however,  is  not  in  force  in  townships  having  district  libraries. 

3.  To  keep  the  school-house  in  repair  during  the  time 
school  is  taught. 

Although  the  District  Board  has  the  general  care  of  the  school-house 
and  school  property,  the  Director  is  intrusted  more  especially  with  this 
duty. 

4.  To  make  a  report,  at  the  end  of  each  school  year, 
to  the  School  Inspectors,  of  such  facts  as  are  pre- 
scribed by  law,  or  required  by  the  Superintendent 
of  Public  Instruction. 

The  Director  is  required  to  take  a  census  of  the  school  children  of 
his  district,  unless  some  other  person  is  appointed  to  do  so  by  the  District 
Board. 

Graded  Schools. — When  the  voters  of  any  school  dis- 
trict, containing  more  than  one  hundred  school  children, 
desire  to  establish  a  graded  school,  they  may  elect  a  Board 
of  six  Trustees  with  power  to  choose  their  own  officers  and 
to  establish  such  a  school.  Two  or  more  contiguous  dis- 
tricts, having  together  more  than  two  hundred  school 
children,  may  unite  for  the  same  purpose. 

1.  The  term  union  school-house  is  used  to  designate  the  school  estab- 
lished by  the  union  of  two  or  more  districts. 

2.  The  annual  meeting  of  graded  schools  may  be  held  on  the  second 
Monday  in  July. 

A  Graded  School  Defined. — A  graded  school  is  one  in 
which  the  pupils  are  divided  into  classes  according  to  their 


96  CIVIL   GOVERNMENT. 

attainments.  In  the  ordinary  district  school,  there  is  very 
little  opportunity  for  a  uniform  gradation  of  classes,  but 
l)upils  enter  promiscuously  when  the  term  commences,  and 
leave  in  about  the  same  way  when  it  ends.  In  a  graded 
school,  pupils  may  enter  the  lowest  class  in  the  primary 
department,  and  by  a  series  of  promotions  from  one  grade 
to  another,  may  finally  reach  the  high  school.  The  advan- 
tages of  graded  schools  are  very  evident,  and  the  Legisla- 
ture has  made  provision  for  their  establishment  and  main- 
tenance. 

Powers  of  Trustees. — The  Board  of  Trustees,  like  the 
District  Board,  has  the  general  care  and  supervision  of  the 
schools,  and  they  have  power  to  establish  such  rules  and 
regulations  for  their  discipline  and  management  as  they 
may  deem  proper.  They  hire  teachers,  prescribe  text- 
books, purchase  books  for  the  use  of  children  whose  parents 
are  not  able  to  furnish  them,  apply  money  as  directed  by 
the  annual  school  meeting,  and  perform  such  duties  as  the 
interests  of  the  schools  demand.  They  are  also  obliged  to 
present  to  the  annual  school  meeting  a  report,  in  writing,  of 
all  receipts  and  disbursements.  In  addition  to  these  the 
■usual  duties  of  a  District  Board,  they  adopt  means  for  the 
proper  grading  of  the  schools,  and  they  have  the  power  to 
establish  a  high  school,  and  to  collect  tuition  for  instruc- 
tion in  any  branches,  not  only  from  non-resident  pupils,  but 
also  from  resident  pupils. 

I.  The  Trustees  are  five  in  number,  elected  for  three  years,  the  term 
of  office  of  not  more  than  two  expiring  at  one  time. 

2.  Additional  powers  are  sometimes  conferred  on  Boards  of  Trustees 
or  school  districts  by  special  act  of  the  Legislature. 

City  Sut>erintendent  of  Schools. — In  the  large  cities  of 


(J 


PUBLIC   SCHOOL    SYSTEM.  97 

the  State,  the  Board  of  Trustees  delegates  the  more  im- 
mediate management  of  the  schools  to  an  officer  called  the 
Superintendent.  The  powers  of  a  City  Superintendent  are 
varied,  and  his  duties  and  responsibilities  are  great.  He 
is  the  executive  officer  of  the  Board,  and  is  required  to  de- 
vote most  of  his  time  to  the  general  oversight  of  teachers 
and  schools.  He  is  responsible  for  the  internal  management 
of  the  schools. 

In  graded  schools  where  the  principal  teacher  devotes  most  of  his  time 
to  teaching,  and  but  little  to  supervising  the  work  of  others,  his  proper 
title  is  Principal  and  not  Superintendent, 

The  Normal  School. — One  of  the  first  measures  essen- 
tial to  the  success  and  good  government  of  the  public 
schools  was  to  provide  for  the  training  of  teachers  for  their 
special  work.  Without  competent  teachers  the  most  per- 
fect system  must  fail  of  securing  permanent  results.  In 
order,  therefore,  to  properly  qualify  persons  to  teach  in  the 
public  schools  of  the  State,  a  Normal  School  has  been  estab- 
blished  in  the  city  of  Ypsilanti.  The  aim  of  this  school  is 
to  give  instruction, — 

1.  In  the  theory  and  practice  of  teaching  ; 

2.  In  all  the  various  branches  that  are  taught  in  the 
public  schools  of  the  State. 

Applicants  for  admission  are  required  to  sign  a  declar- 
ation of  their  intention  to  follow  the  business  of  teaching. 

1.  In  connection  with  the  Normal  School  is  a  practice  school,  which 
comprises  two  departments, — primary  and  granimar.  In  this  school,  the 
pupils  are  afforded  the  means  of  teaching,  and  observing  the  practical 
working  of,  a  graded  school. 

2.  Form  of  Declaration. — "  I  hereby  declare  that  my  object  in  enter- 
ing the  Normal  School  is  to  prepare  myself  for  the  work  of  teaching." 

Revenues  of  the  Normal  School, — The  Normal  School 


95  CIVIL   GOVERNMENT. 

has  a  permanent  endowment  derived  from  the  sale  of  lands 
dedicated  to  that  purpose.  In  addition  to  the  income  de- 
rived from  this  fund,  the  State  makes  an  annual  appropria- 
tion for  its  support.  The  pupils  are  also  required  to  pay  a 
small  tuition  fee.  Each  member  of  the  State  Legislature 
may  designate  two  pupils  from  his  district  to  receive  instruc- 
tion free  of  tuition. 

Twenty-fire  sections  of  land,  16,000  acres,  were  appropriated  by  the 
State  for  the  Normal  School.  From  the  sale  of  these  lands,  a  permanent 
endowment  fund  of  more  than  $69,000  has  been  realized.  The  annual 
expenses  of  the  school  are  about  $24,000. 

Board  of  Education. — The  general  management  of  the 
Normal  School  is  intrusted  to  tlie  State  Board  of  Educa- 
tion. This  Board  has  power  to  appoint  and  remove  teachers, 
and  prescribe  their  duties,  fix  salaries,  prescribe  text-books, 
and  make  such  regulations  and  by-laws  as  are  necessary  for 
the  good  government  and  management  of  the  school. 

1.  Persons  are  appointed  each  year  by  the  Board  of  education  to  ex- 
amine into  the  management  and  mode  of  instruction  of  the  school,  and  to 
report  to  the  Superintendent  of  Public  Instruction  their  views  with  regard 
to  its  condition,  together  with  such  suggestions  as  they  may  deem  proper. 

2.  The  members  of  the  Board,  and  persons  appointed  as  visitors,  are 
entitled  to  two  dollars  a  day  for  actual  services,  and  to  their  necessary 
traveling  expenses. 

3.  The  Superintendent  of  Public  Instruction  is  required  by  law  to  visit 
the  school  at  least  once  in  each  term,  and  to  annually  make  a  full  report 
to  the  Legislature  of  the  doings  of  the  Board  of  Education. 

Normal  School  Certificates. — In  addition  to  the  diplomas 
conferred  by  the  State  Board  of  Education  upon  all  those 
who  have  completed  full  courses  of  study,  the  faculty  of  the 
Normal  School  are  required  to  grant  certificates  to  all  re- 
ceiving diplomas,  which  legally  qualify  them  to  teach  in  the 


PUBLIC   SCHOOL  SYSTEM.  99 

public  schools  of  the  State,  without  any  examination. 
The  University. — To  complete  and  give  unity  to  the 
educational  system  of  the  State,  a  University  has  been  estab- 
lished at  Ann  Arbor.  It  stands  at  the  head  of  the  public 
schools  in  the  State,  and  is  the  culmination  of  our  public 
school  system.  Any  course  commenced  in  a  well  organized 
high  school  finds  its  completion  in  the  University.  Thus 
the  State  has  not  only  bountifully  provided  all  with  the 
means  of  securing  the  benefits  of  an  elementary  education 
in  the  public  schools,  but  it  has  also  generously  placed, 
within  the  reach  of  all,  the  means  of  securing  a  liberal  cul- 
ture in  all  departments  of  human  knowledge. 

1.  Graduates  from  schools  approved  by  the  faculty  are  admitted  with- 
out an  examination. 

2.  In  1882,  there  were  eighty-seven  professors  and  assistants,  and 
fifteen  hundred  and  thirty-four  students. 

Revenues  of  the  University. — The  University,  like  the 
Normal  School,  has  a  permanent  endowment  fund  derived 
from  the  sale  of  lands  dedicated  to  that  purpose.  In  addi- 
tion to  the  interest  derived  from  the  endowment  fund,  it 
receives, — 

1.  A  twentieth  of  a  mill  tax  on  all  the  taxable  property 
of  the  State ; 

2.  An  annual  State  appropriation ; 

3.  Students'  fees. 

1,  It  is  a  curious  fact  that  it  was  the  design  of  the  founders  of  the 
University  that  part  of  its  support  should  be  derived  from  lotteries,  and 
provision  was  made  for  their  establishment.  This,  however,  was  no  un- 
usual thing  in  early  days,  and  even  now  in  some  States  there  are  literary 
and  benevolent  institutions  supported  by  this  means. 

2.  Two  townships  were  given  by  Congress  to  Michigan  for  the  support 


lOO  CIVIL-  GOVERNMENT. 

of  a  University.     From  the  sale  of  public  lands  thus  given,  the  University 
has  secured  a  permanent  fund  of  about  $543,000. 

3.  In  1882,  the  interest  of  the  University  fund  was  ^38,398.47  ;  the 
twentieth  of  a  mill  tax  amounted  to  $38,250 ;  the  annual  State  appropria- 
tion to  176,000;  students*  fees  to  $69,295. 

Board  of  Regents. — The  general  management  of  the 
University  is  intrusted  to  a  Board  of  Regents,  eight  in 
number,  elected  by  the  people  of  the  State  for  a  term  of 
eight  years.  The  election  of  Regents  occurs  at  the  same 
time  as  that  of  Judges  of  the  Supreme  Court,  on  the  first 
Monday  in  April.  They  have  power  to  appoint  and  re- 
move professors,  tutors,  and  officers,  and  prescribe  their 
duties,  fix  salaries,  regulate  the  courses  of  instruction,  pre- 
scribe, under  the  advice  of  professors,  the  books  and  authori- 
ties to  be  used  in  the  several  departments,  confer  degrees, 
and  make  all  such  regulations  and  by-laws  as  are  necessary 
for  the  good  government  and  management  of  the  University. 
The  more  immediate  management  of  the  several  departments 
is  intrusted  to  the  president  of  the  University  and  the  re- 
spective faculties. 

1.  The  presiding  officer  of  the  Board  is  the  president  of  the  Uni- 
versity.    He  does  not,  however,  have  the  right  to  vote. 

2.  The  Regents,  and  persons  appointed  as  visitors,  receive  pay  for 
actual  and  necessary  expenses  incurred  by  them  in  the  performance  of 
their  duties. 

Agricultural  Colleges- — It  is  only  within  a  few  years  that 
agricultural  colleges  have  been  generally  established.  In 
1862,  Congress  gave  to  the  several  States  public  lands  to 
the  amount  of  30,000  acres  for  each  Senator  and  Repre- 
sentative in  Congress,  provided  that  each  State,  within  five 
years,  should  establish  an  agricultural  college.  The  colleges 
have  given  a  wonderful   impulse  to  agricultural   pursuits. 


PUBLIC   SCHOOL   SYSTEM.  ^       lOI 

and  have  created  a  demand  for  agricultural  literature. 
Newspapers  recognizing  this  fact,  devote  considerable  space 
to  general  information  on  agricultural  topics. 

State  Agricultural  College.— Th&  State  of  Michigan  was 
the  first  to  put  into  successful  operation  a  State  Agricultural 
College.  The  leading  object  of  this  institution  is  to  teach 
such  branches  as  are  related  to  agriculture.  Connected 
with  the  college  is  a  farm  and  garden,  in  which  students  are 
required  to  work  three  hours  each  week-day,  except 
Saturdays,  and  they  are  paid  for  most  of  their  labor  accord- 
ing to  their  ability  and  fidelity,  the  maximum  rate  being 
eight  cents  per  hour.     This  college  is  located  at  Lansing. 

1.  Candidates  for  admission  into  the  freshman  class  are  examined  in 
arithmetic,  geography,  grammar,  reading,  spelling,  and  penmanship. 
Tuition  is  free. 

2.  The  farm  consists  of  six  hundred  and  seventy-six  acres.  The 
long  vacation  occurs  during  the  winter  months. 

Revenues  of  the  Agricultural  College, — The  Agricul- 
tural College  has  a  permanent  endowment  derived  from  the 
partial  sale  of  the  public  lands  given  by  Congress,  and  the 
Legislature  also  makes  appropriations  for  its  support.  When 
all  the  public  lands  belonging  to  the  college  are  disposed 
of,  the  endowment  will  in  all  probability  be  sufficient  for  its 

support. 

The  Agricultural  College  has  received  235,673.37  acres  of  land.  Up 
to  1882,  104,612.24  acres  have  been  sold,  from  which  has  been  realized 
#339,058.32. 

State  Board  of  AgricuUure. — This  Board  consists  of 
six  members,  besides  the  Governor  and  the  president  of  the 
Agricultural  College,  who  are  members  by  virtue  of  their 
office.  Members  of  the  Board  are  appointed  by  the  Gov- 
ernor for  six  years,  with   the  consent  of  the  Senate,  two 


I02  CIVIL    GOVERNMENT. 

being  appointed  every  two  years.     They  have  general  con- 
trol and  supervision  of  the  college  and  farm. 

1.  Any  vacancy  in  the  Board  may  be  filled  by  a  majority  of  the  mem- 
bers. 

2.  The  members  are  paid  their  traveling  and  other  expenses,  while 
employed  on  the  business  of  the  Board. 

Secretary  of  the  State  Board  of  Agriculture. — A  secretary 
is  appointed  by  the  Board,  whose  duty  it  is  to  keep  a  record 
of  the  transactions  of  the  Bt)ard  and  of  the  Agricultural 
College  and  farm.  He  receives  reports  from  the  various 
agricultural  societies  in  the  State.  It  is  also  his  duty  to 
correspond  with  societies  and  farmers  with  a  view  to  obtain 
information  upon  the  newest  and  best  methods  in  agricul- 
ture, stock-raising,  and  the  dairy ;  to  purchase  and  distribute 
rare  and  valuable  seeds,  plants,  shrubbery,  and  trees ;  to 
encourage  the  importation  of  live  stock,  and  the  invention 
and  improvement  of  labor  saving  machines ;  and  to  promote, 
as  far  as  possible,  such  domestic  industries  as  are  calculated 
to  promote  the  general  thrift,  wealth,  and  resources  of  the 
State.  He  is  also  required  to  make  an  annual  report  to  the 
Legislature  at  every  regular  session,  and  to  the  Governor 
when  the  Legislature  is  rot  in  session.  The  report  is 
printed,  and  distributed  among  the  agricultural  societies 
and  farmers  of  the  State. 

1.  This  report  embraces  statements,  accounts,  statistics,  essays,  and 
other  information  relative  to  agriculture,  the  proceedings  of  the  State  Board 
of  Agriculture,  of  the  State  Agricultural  College  and  farm,  of  the  State 
Agricultural  Society,  and  of  county  a^cultural  societies. 

2.  An  appropriation  is  made  by  the  Legislature  to  meet  the  annual 
expenses  which  are  incurred  in  the  purchase  and  transportation  of  seeds, 
and  other  contingent  expenses  of  the  office. 

^i    Institutes  for  the  Promotion  of  Agriculture. — Under  the 


PUBLIC   SCHOOL   SYSTEM.  IO3 

auspices  of  the  State  Board  of  Agriculture,  institutes  are 
held  in  various  parts  of  the  State  during  the  winter  months. 
The  exercises  at  these  institutes  consist  of  essays,  lectures, 
and  discussions  on  agricultural  topics,  by  members  of  the 
faculty  of  the  Agricultural  College,  and  others  interested  in 
agricultural  pursuits. 

State  Agricultural  Society. — To  promote  the  interests  of 
agriculture,  and  to  encourage  the  manufacturing  interests 
of  the  State,  a  State  Agricultural  Society  has  been  estab- 
lished. This  society  holds  meetings  for  the  discussion  of 
agricultural  topics,  and  to  devise  plans  for  the  better 
development  and  encouragement  of  agricultural  and  domes- 
tic industries.  It  also  holds  an  annual  fair,  to  which  exhibi- 
tors are  invited  from  all  parts  of  the  State.  Premiums  are 
offered  to  exhibitors  in  order  to  encourage  competition. 

There  is  a  State  Horticultural  Society,  and  in  many  counties  there  are 
county  agricultural  and  horticultural  societies. 

Teachers^  Institutes. — ^Whenever  any  number  of  teachers 
assemble  for  the  purpose  of  receiving  instruction  in  methods 
of  teaching,  school  discipline,  and  school  management,  such 
an  assemblage  is  called  a  teachers'  institute.  Teachers  of 
established  reputation  in  the  State  are  selected  to  take  charge 
of  them.  The  value  of  well  conducted  institutes  can  not  be 
overestimated,  and  their  importance  and  influence  through 
the  teachers  on  the  schools  is  so  great  that  the  Legislature 
has  made  provision  for  their  encouragement  and  support 
They  are  of  two  kinds, — 

1.  County  institutes, 

2.  State  institutes. 

County  Institutes.  In  counties  having  not  less  than  one 
thousand  children  between  the  ages  of  five  and  twenty  years, 


I04  CIVIL    GOVERNMENT. 

the  Superintendent  of  Public  Instruction  is  required  annually 
to  appoint  a  time  and  place,  and  make  all  suitable  arrange- 
ments for  a  count)'-  institute.  He  is  either  obliged  to  con- 
duct the  institute  himself  or  to  appoint  some  suitable  person 
to  do  so.  The  fees  received  for  teachers^  certificates  are 
used  to  defray  all  necessary  expenses,  as  the  hiring  of  rooms, 
procuring  teachers  and  lecturers,  etc.  If  the  fees  thus  re- 
ceived are  not  sufficient  to  defray  all  expenses,  the  deficiency 
is  met  by  the  State. 

1.  In  counties  having  less  than  one  thousand  children,  the  holding  of 
an  institute  is  optional  with  the  State  Superintendent,  unless  he  is  requested 
to  hold  one  by  fifteen  teachers.  If  there  is  not  a  sufficient  number  of 
teachers  in  a  county  to  make  such  request,  the  teachers  of  two  or  more 
adjoining  counties  may  unite  for  this  purpose. 

2.  All  fees  received  by  the  County  Board  of  School  Examiners  for 
teachers'  certificates  are  paid  over  to  the  County  Treasurer  of  the  county 
in  which  they  are  collected,  and  set  apart  for  the  support  of  teachers' 
institutes. 

3.  In  case  the  county  fund  is  insufficient,  a  sum  not  to  exceed  sixty 
dollars  can  be  drawn  from  the  State  treasury  for  the  expenses  of  each  insti- 
tute of  five  days'  duration. 

State  Institute. — In  addition  to  county  institutes,  a  State 
institute  is  usually  held  each  year,  under  the  direction  of  the 
Superintendent  of  Public  Instruction.  This  is  designed  to 
furnish  thought  and  give  direction  to  county  institutes. 
With  this  end  in  view,  distingfuished  educators  are  secured 
to  present  the  best  methods  of  instruction  and  discipline, 
and  the  ripest  thoughts  on  educational  subjects.  The  ex- 
penses of  this  institute  are  defrayed  by  the  State. 

A  sum  not  to  exceed  four  hundred  dollars  can  be  drawn  from  the  State 
treasury  for  the  expenses  of  a  State  institute. 

State  Teachers^  Association. — To  promote  the  interests 


PUBLIC    SCHOOL   SYSTEM.  '        IO5 

of  education,  and  to  secure  co-operation  among  the  teachers 
of  the  State,  a  State  Teachers'  Association  has  been  estab- 
lished. It  numbers  among  its  members  teachers  in  the  pub- 
lic schools,  professors  in  the  Normal  School,  in  the  Uni- 
versity, and  in  denominational  schools  and  colleges,  together 
with  others  interested  in  educational  work.  At  these  annual 
meetings,  there  are  lectures,  essays,  and  discussions  on  edu- 
cational topics,  methods  of  instruction  and  discipline  are 
compared,  and  means  are  adopted  to  secure  such  legislation 
as  may  be  needed  for  the  successful  working  of  the  public 
school  system. 

In  some  counties  there  is  also  a  county  association  of  teachers. 

Remark. — There  is  a  marked  distinction  between  a 
teachers'  institute  and  a  teachers'  association.  A  teachers' 
institute  is  really  a  training  school  for  teachers,  and  performs 
the  work  of  a  normal  school.  A  teachers'  association  con- 
sists of  a  number  of  teachers  united  for  mutual  benefit  and 
improvement  in  educational  matters. 

Other  Educational  Institutions. — Besides  the  institutions 
so  generously  maintained  by  the  State,  there  are  other 
schools  and  colleges  supported  by  religious  denominations 
and  by  private  enterprise 


I  Ob 


CIVIL    GOVERNMENT. 


INCORPORATED  EDUCATIONAL  INSTITUTIONS. 


NAME   OF  INSTITUTION. 


Adrian  College. 

Albion  College. 

Battle  Creek  College. 

Grand  Traverse  Col- 
lege. 

Hillsdale  College. 

Hope  College. 

Kalamazoo  College. 

Olivet  College. 

Michigan  Female 
Seminary. 

Detroit  College. 

Michigan  Military 
Academy. 

Monroe  Young 
Ladies*  Institute. 

Raisin  Valley 
Seminary. 

Somerville  School. 

Spring  Arbor 
Seminary. 


Adrian. 
Albion. 
Battle  Creek. 

Benzonia. 
Hillsdale. 
Holland  City, 
Kalamazoo. 
Olivet 

Kalamazoo. 
Detroit. 

Pontiac. 
Monroe. 

Adrian. 
St.  Clair. 
Spring  Arbor. 


DBNOMINATION. 


Methodist  Protestant. 

Methodist   Episcopal. 

Seventh  Day  Advent- 
ists. 

Congregational. 

Free  Will  Baptist. 

Dutch  Reformed. 

Baptist. 

Presbyterian  and  Con- 
gregational. 

Presbyterian. 
Catholic. 

Non-sectarian. 
Non-sectarian. 

Friends. 
Non-sectarian. 
Free  Methodist 


PUBLIC   SCHOOL   SYSTEM. 


107 


BOARDS  AMO   OFFICBRS. 


Superintendent   of 
Public  Instruction. 


Board  of  Regents 


NUMBER,  TERM,  WHEN 
ELECTED. 


State  Board  of 
Agriculture. 


State  Board  of  Edu- 
cation. 


One,  two  years 
at  general  election 
in  November. 

Eight,eight  years 
two  every  two 
years,  at  the  April 
election. 

Six,  six  years,  two 
appointed  by  the 
Governor  every 
two  years.  The 
Governor  and  the 
President  of  the 
college  are  also 
members  ex  officio 


Three,  six  years, 
one  at  each  general 
election  in  Novem- 
ber, and  the  Super- 
intendent of  Pub- 
lic Instruction,  who 
is  a  member  ex 
icioy  and  secre 
tary  of  the  Board. 


General  super- 
vision of  the  edu- 
cational interests 
of  the  State. 

General  man- 
agement of  the 
University. 


General  man- 
agement of  the 
Agricultural  Col- 
lege. 


Grants  State 
certificates,  pre- 
pares examina- 
tion questions, 
and  lists  of  books 
for  school  libra- 
ries, and  has  the 
general  manage- 
ment of  the  Nor- 
mal School. 


Jl^Cfi-tte-.c^ 


^iCL 


/W  t^'i 


^  ^_,^. 


io8 


CIVIL    GOVERNMENT. 


BOARDS  AND   OFFICERS. 


Board  of  Trustees. 


County  Board    of 
School  Examiners 


Township    Board 

OF  Inspectors. 
School  Inspectors. 
Township  Clerk. 


District  Board. 
Moderator. 
Director. 
Assessor. 


NUMBER.  TERM,  WHEN 
ELECTED. 


Five,  three  years, 
one  or  two  at  each 
annual  school 
meeting. 

Three,  three 
years,  one  elected 
each  year  by  the 
chairmen  of  the 
Township  Board 
of  School  Inspec- 
tors. 

Two  Inspectors  in 
each  township,  two 
years,  at  the  annual 
township  election 
in  April.  The 
Township  Clerk  is 
a  member  ex  officio. 

Three  in  each 
school  district, 
three  years,  one  at 
each  annual  school 
meeting. 


DUTIES  OP. 


General  man- 
agement of  grad- 
ed schools. 


The  examina- 
tion of  teachers. 


The  division  of 
the  township  into 
school  districts, 
and  the  general 
supervision  of  the 
township  library. 


General  man- 
agement of  the 
district  school. 


The  annual  school  meeting  occurs  on  the  first  Monday  in  September. 
In  districts  having  graded  schools,  the  annual  meeting  is  held  on  the  first 
Monday  in  September,  or  the  second  Monday  in  July. 


STATE    INSTITUTIONS.  IO9 


OHAPTEB  X. 


STATE  INSTITUTIONS. 

Other  State  Institutions. — In  addition  to  the  educational 
institutions  described  in  the  preceding  chapter,  there  are  also 
others  which  have  been  established  and  are  maintained  by  the 
State.    These  may  be  classified  as  follows  :— 

1.  Charitable, 

2.  Reformatory, 

3.  Penal. 

Charitable  Institutions. — ^The  charitable  institutions  are,— 

1.  State  Public  School  at  Coldwater; 

2.  Institution  for  Educating  the  Deaf  and  Dumb  at 
Flint,  and  school  for  the  Blind  at  Lansing  ; 

3.  Asylums  for  the  Insane  at  Kalamazoo,  Pontiac,  and 
Traverse  City. 

State  Public  School.— Tht  State  Public  School  is  designed 
as  a  temporary  home  for  dependent  and  neglected  children. 
Here  the  homeless  and  poor-house  children  of  the  State  are 
clothed  and  fed  and  educated,  until  suitable  homes  can  be 
procured  for  them  in  private  families.  In  this  way,  aban- 
doned and  neglected  children,  instead  of  growing  up  in  idle- 
ness and  crime,  are  well  cared  for,  and  placed  in  the  way  of 
becoming  useful  citizens.  This  public  charity  is  peculiar  to 
our  own  State. 

1.  A  record  is  kept  of  the  parentage  and  history  of  each  child. 

2.  The  general  management  of  this  school  is  intrusted  to  a  board 
known  as  the  Board  of  Control  of  the  State  Public  School.    It  consists 


no  CIVIL   GOVERNMENT. 

of  three  members,  who  are  appointed  by  the  Governor,  with  the  advice  and 
consent  of  the  Senate,  for  six  years,  one  being  appointed  every  two  years. 
They  receive  three  dollars  a  day  for  actual  services,  in  addition  to  their 
necessary  expenses. 

Internal  Management. — The  children  are  divided  into 
families,  each  family  occupying  a  cottage  and  being  under  the 
care  of  a  lady  cottage  manager.  Thus  the  children  have  the 
surroundings  and  influences  of  a  well  regulated  home.  A 
good  school  is  maintained,  which  each  child  is  obliged  to 
attend,  and  those  who  are  old  enough  to  perform  labor  are 
required  to  work  a  certain  number  of  hours  each  day. 

The  Deaf  and  Dumb. — ^Among  some  barbarous  nations,  it 
was  the  custom  to  put  to  death  all  deaf  children  when  three 
years  of  age.  They  were  regarded  as  monsters.  Other 
nations  have  regarded  them  as  being  under  the  curse  of  heaven. 
Among  the  Romans,  they  were  debarred  from  all  civil  rights. 
In  all  ages,  the  condition  of  these  unfortunates  has  been  sad 
in  the  extreme,  and  it  was  thought  beyond  the  limits  of  possi- 
'  bility  to  instruct  them  or  fit  them  for  any  of  the  occupations 
of  their  fellow  beings.  Recent  observations  and  modern 
philanthropy  have  changed  the  opinion  entertained  by  the 
ancients,  and  in  all  Christian  countries,  efforts  are  now  being 
made  to  educate  and  fit  them  for  some  useful  occupation. 
The  result  has  been  that  many  deaf-mutes  have  become  dis- 
tinguished in  the  various  walks  of  life. 

I.    It  was  said  by  the  poet  Lucretius,  who  was  bom  in  95  B.  C, — 
«*  To  instruct  the  deaf,  no  art  can  reach ; 
No  care  improve  and  no  wisdom  teach." 

3.    The  first  institution  for  the  education  of  deaf-mutes  in  the  United 
States  was  established  in  18 17.    In  1880,  there  were  fifty-six. 

The  Blind, — The  condition  of  the  blind  has  always  been 
better  than  that  of  the  deaf  and  dumb.  The  ancients  had  a 
certain  degree  of  reverence  for  them,  and  they  regarded  some 


STATE   INSTITUTIONS.  Ill 

of  them  as  having  the  gift  of  prophecy.  During  the  Mid- 
dle Ages,  provision  was  made  for  their  support  and  pro- 
tection ;  but  it  is  only  in  modem  times  that  any  attempt  has 
been  made  to  educate  them. 

The  first  institution  for  the  blind  in  the  United  States  was  opened  in 
1832.     In  1880,  there  were  thirty-one. 

Institutions  for  Educating  the  Deaf  and  Dumb,  and  the 
Blind. — These  institutions  are  not  in  any  sense  asylums  or 
hospitals,  but  they  were  established  for  the  purpose  of  edu- 
cating the  deaf  and  dumb,  and  the  blind.  They  really 
form  a  part  of  the  free  public  school  system  of  the  State. 
Pupils  between  the  ages  of  ten  and  twenty- one  years  are 
admitted  and  permitted  to  remain  for  eight  years.  Board, 
tuition,  and  books  are  furnished  free  of  charge,  and  if 
parents  or  guardians  are  unable  to  furnish  clothing,  this  also 
is  provided  at  the  expense  of  the  county  in  which  the  pupil 
resides.  In  this  way,  the  privileges  of  the  two  schools 
are  brought  within  the  reach  of  all. 

1.  The  Board  of  Control  of  each  institution  consists  of  three  member* 
appointed  by  the  Governor,  with  the  advice  and  consent  of  the  Senate,  for 
six  years,  one  member  of  each  Board  being  appointed  every  two  years, 

2.  The  members  receive  for  their  services  three  dollars  a  day,  and 
their  necessary  expenses. 

Occupation. — The  pupils,  in  addition  to  their  regular 
school  duties,  spend  several  hours  each  day  in  learning 
trades,  so  that  when  they  leave  school,  they  may  be  able  to 
earn  a  livelihood. 

Insane  Persons, — Although  in  ancient  times,  insanity 
was  considered  by  some  to  be  a  sacred  disease  and  full  of 
blessing,  and  insane  persons  were  regarded  as  having 
prophetic  power,  as  a  general  rule,  the  condition  of  insane 


112  CIVIL    GOVERNMENT. 

persons,  in  all  ages,  has  been  very  deplorable.  During  the 
Middle  Ages,  there  were  a  few  hospitals  for  the  insane,  but 
stripes  and  chains  were  the  only  medical  treatment.  **  The 
amelioration  of  the  condition  of  the  insane  has  its  com- 
mencement in  modern  times." 

1.  In  1 882,. there  were  ninety-six  institutions  for  the  insane  in  the 
United  States. 

2.  The  earliest  references  to  insanity  are  the  madness  of  Saul,  the 
feigned  madness  of  David,  and  that  of  Ulysses  after  the  Trojan  war. 

Asylums  for  the  Insane. — In  this  State  there  are  three 
asylums  for  the  insane,  one  at  Kalamazoo,  another  at 
Pontiac,  and  a  third  at  Traverse  City.  In  each  of  these, 
two  classes  of  patients  are  received : — 

1.  Indigent  patients,  sent  at  the  expense  of  the  counties 
or  towns  in  which  they  reside ; 

2.  Private  patients,  sent  at  the  expense  of  relatives  or 
friends. 

The  Probate  Judge,  when  application  is  made,  is  author- 
ized to  send  to  the  asylums  insane  persons  who  are  paupers 
or  in  indigent  circumstances.  In  the  case  of  paupers,  appli- 
cation must  be  made  by  County  Superintendents  of  the  Poor, 
or  by  Supervisors.  Although  private  patients  are  received, 
preference  in  admission  is  given  to  the  poor  and  indigent, 
and  the  counties  or  townships  sending  them  are  obliged  to 
pay  for  their  board,  medical  treatment,  clothing,  and  inci- 
dental expenses.  These  asylums  are  really  hospitals,  and 
are  designed  for  the  care  and  treatment  of  either  curable  or 
incurable  patients. 

1.  It  is  illegal  to  consign  an  insane  person  to  a  county  poor-house, 
when  there  is  room  for  insane  persons  in  one  of  the  asylums. 

2.  The  asylum  located  at  Pontiac  is  known  as  the  Eastern  Michigan 


STATE   INSTITUTIONS.  II3 

Asylum ;  the  one  at  Kalamazoo,  as  the  Michigan  Asylum  for  the  Insane; 
at  Traverse  City,  as  the  Northern  Asylum  for  the  Insane. 

3.  When  indigent  patients  are  discharged,  they  are  furnished  with 
suitable  clothing,  and  also  with  money,  not  exceeding  twenty  dollars,  to 
defray  necessary  expenses. 

4.  The  general  management  of  each  asylum  is  intrusted  to  a  separate 
Board  of  Trustees,  each  Board  consisting  of  six  members  appointed  by  the 
Governor,  with  the  advice  and  consent  of  the  Senate.  They  hold  office  for  six 
years,  two  being  appointed  every  two  years,  and  are  paid  their  traveling 
and  other  necessary  expenses.  Each  Board  appoints  a  medical  superintend- 
ent, to  whom  is  intrusted  the  more  immediate  management!  of  ^^  asylum. 

Reformatory  and  Penal  Institutions. — ^There  are  three 
grades  of  institutions  for  the  reformation  and  discipHne  of 
persons  guilty  of  offenses  against  the  State: — 

1.  The  Reform  School,  for  boys  between  the  ages  of 
ten  and  sixteen. 

2.  The  Industrial  Home,  for  girls  between  the  ages  of 
seven  and  seventeen. 

3.  The  House  of  Correction,  for  young  men  between 
the  ages  of  sixteen  and  twenty-five,  and  for  those 
guilty  of  minor  offenses. 

4.  The  State  Prison,  for  criminals  guilty  of  grave 
offenses,  and  for  hardened  criminals. 

Reform  School, — This  school  is  established  for  the  pur- 
pose of  reclaiming  children  who  have  been  subject  to  evil 
influences,  and  have  entered  upon  a  life  of  vice  and  crime. 
Boys  between  the  ages  of  ten  and  sixteen  who  have  been 
convicted  of  offenses  not  punishable  by  law  with  imprison- 
ment for  life,  may  be  sent  to  this  school,  and  kept  there  until 
they  are  eighteen  years  of  age.  The  Board  of  Control  has 
the  power  to  liberate  any  inmate  who  has  been  so  far 
reformed  as  to  justify  his  discharge,  or  to  bind  any  for  a 


114  CIVIL   GOVERNMENT. 

number  of  years  to  suitable  persons.  It  may  also  give 
boys  leave  of  absence  for  a  limited  period  or  during  good 
behavior.     The  Reform  School  is  located  at  Lansing. 

1.  The  Board  of  Control  consists  of  three  members  appointed  by  the 
Governor,  with  the  advice  and  consent  of  the  Senate,  for  six  years,  one 
being  appointed  every  two  years.  They  are  allowed  for  their  services 
three  dollars  a  day,  and  their  necessary  expenses. 

2.  When  the  presence  of  a  boy  is  prejudicial  to  the  discipline  of  the 
school,  the  Board  of  Control  may  return  him  to  the  authorities  of  the 
county  or  city  from  which  he  was  received,  for  punishment  in  some  other 
institution. 

Occupation  and  Instruction, — ^This  institution  is  not  a 
prison,  but  a  reform  school.  There  are  no  bars  or  iron  bolts. 
The  aim  of  the  school  is, — 

1.  To  inculcate  industrial  and  moral  habits ; 

2.  To  educate  and  throw  around  young  offenders  the 
influences  of  home  life ; 

3.  To  inculcate  the  habit  of  cheerful  and  prompt  obedi- 
ence to  lawful  authority. 

All  are  obliged  to  attend  school  about  five  hours  each 
day,  and  they  are  also  employed  during  a  portion  of  each 
day  in  some  industrial  occupation.  They  are  allowed  certain 
hours,  morning,  noon,  and  evening,  for  recreation  and  play. 

There  is  a  farm  connected  with  the  school,  containing  two  hundred  and 
twenty-four  acres. 

Industrial  Home  for  Oirls» — The  general  plan  and  aim 
of  this  institution,  and  that  of  the  Reform  School,  are  the 
same.  It  is  designed  for  the  reformation  of  girls  between 
the  ages  of  seven  and  seventeen  who  have  been  subject  to 
evil  influences,  and  have  committed  offenses  not  punishable 
by  law  with  imprisonment  for  life.  The  girls  are  placed  in 
cottages,  the  inmates  of  each  cottage  forming  a  family,  and 
being  in  charge  of  a  cottage  manager. 


STATE   INSTITUTIONS.  115 

There  are  five  members  of  the  Board  of  Control,  three  women  and  two 
men,  appointed  by  the  Governor  in  the  same  manner  as  other  Boards  are 
appointed.  The  powers  of  the  Board  are  similar  to  those  exercised  by 
the  Board  of  Control  of  the  Reform  School  They  also  receive  the  same 
compensation. 

-  House  of  Correction. — This  prison  is  designed  more 
especially  for  young  men  guilty  of  a  first  offense,  and  for 
criminals  not  wholly  depraved.  They  are  not  associated 
with  hardened  criminals,  guilty  of  grave  offenses,  but  they 
are  placed  under  a  discipline  and  training  which  aims  to 
reform  the  criminal.  All  young  men  between  the  ages  of 
sixteen  and  twenty -five,  convicted  of  crimes  not  punishable 
by  imprisonment  for  life,  and  all  male  persons  guilty  of  a 
misdemeanor,  where  the  imprisonment  is  not  less  than  ninety 
days,  may  be  sent  to  the  House  of  Correction.  This  institu- 
tion is  located  at  Ionia. 

1.  The  general  supervision  and  management  is  intrusted  to  the  Gov- 
ernor and  three  Managers  appointed  by  him,  with  the  advice  and  consent 
of  the  Senate.  They  hold  office  for  six  years,  one  being  appointed  every 
two  years,  and  they  receive  three  dollars  for  each  day  necessarily  occupied 
in  the  inspection  and  management  of  the  institution,  together  with  their 
traveling  expenses. 

2.  A  warden  is  appointed  by  the  Governor,  with  the  advice  and  con- 
sent of  the  Senate,  for  two  years.  He  is  responsible  for  the  more  imme> 
diate  management  of  the  institution. 

Occupation  and  Discipline. — All  inmates  of  the  House  of 
Correction  are  required  to  labor,  and  are  taught  some  of  the 
mechanical  trades.  As  the  name  implies,  an  effort  is  made 
to  correct,  by  right  influences,  the  evil  tendencies  of  crimi- 
nals, and  to  make  them  law  abiding  citizens.  This  is 
attempted  by  inculcating  habits  of  industry,  by  moral  and 
religious  training,  and  by  books  and  schooling. 

Detroit  House  of  Correction. — This  institution  was  built 


Il6  CIVIL    GOVERNMENT. 

by  the  city  of  Detroit,  and  it  is  under  the  control  of  the 
Common  Council.  Although  it  is  a  local  and  not  a  State 
institution,  the  Board  of  Supervisors  of  any  county  may 
make  an  arrangement  with  the  Common  Council  of  the  city  of 
Detroit  to  receive  and  keep  persons  guilty  of  any  offense 
except  murder  and  treason.  Young  men  between  the  ages 
of  sixteen  and  twenty-one,  guilty  of  a  first  offense,  or  of  a 
crime  not  punishable  with  imprisonment  for  life;  every 
female  convicted  of  crime;  and  all  others  convicted  of 
minor  offenses,  may  be  sent  there.  The  counties  sending 
criminals  pay  the  city  of  Detroit  for  their  care  and  support. 
The  general  plan  of  Detroit  House  of  Correction  and  that 
at  Ionia  is  the  same,  with  the  exception  that  females  are  not 
sent  to  the  House  of  Correction  at  Ionia. 

1.  The  Detroit  House  of  Correction  is  self-supporting,  and  has 
accumulated  property  to  the  value  of  $200,000,  in  addition  to  what  it  has 
received  from  the  city  of  Detroit.  During  the  last  four  years,  it  has  paid 
into  the  city  treasury  $140,000. 

2.  The  general  management  is  entrusted  to  four  Inspectors,  nominated 
by  the  Mayor  of  the  city,  and  appointed  by  the  Common  Council.  They 
hold  office  for  four  years,  one  being  appointed  each  year,  and  they  receive 
no  compensation  for  their  services. 

State  Prison. — This  prison  is  located  at  Jackson.  It  is 
designed  as  a  place  of  confinement  for  hardened  criminals, 
and  for  those  who  have  been  guilty  of  atrocious  crimes. 
Criminals  guilty  of  murder  are  here  confined  for  life. 

I,  The  general  supervision  and  management  is  entrusted  to  the  Gov- 
ernor and  three  Inspectors.  Their  appointment,  term  of  office,  etc.,  are 
the  same  as  that  of  the  Board  of  Managers  of  the  House  of  Correction  at 
Ionia.  They  receive  four  dollars  for  each  day  occupied  in  the  inspection 
and  management  of  the  institution,  and  their  traveling  expenses. 

a.  The  more  immediate  management  is  entrusted  to  a  warden,  who  is 
appointed  in  the  same  manner,  and  for  the  same  term,  as  the  warden  of 
the  House  of  Correction. 


STATE   INSTITUTIONS.  II 7 

Occupation  and  Discipline, — The  prisoners  are  kept  con-  • 
stantly  employed  at  hard  labor,  at  an  average  of  not  less 
than  ten  hours  a  day.  Although  it  is  very  difficult  to 
restore  hardened  criminals  to  a  life  of  honor  and  usefulness, 
yet  separation  from  evil  associations,  the  opportunity  for 
reflection,  and  the  moral  and  religious  influences  which  are 
brought  to  bear  upon  them,  are  all  designed  for  this  end. 
No  system,  however,  has  yet  been  devised  that  will  reach  all 
criminals,  and  it  is  a  lamentable  fact  that  but  a  very  few  be- 
come good  citizens,  after  serving  a  term  in  the  State  Prison. 

Board  of  Corrections  and  Charities. — The  Governor, 
with  the  advice  and  consent  of  the  Senate,  appoints  a  Board 
of  Corrections  and  Charities  for  the  general  supervision  of 
charitable,  penal,  pauper,  and  reformatory  institutions.  It 
is  the  duty  of  this  Board  to  visit  and  thoroughly  examine 
the  prisons,  asylums,  and  reformatories,  as  well  as  the  jails 
and  poor-houses  of  the  several  counties.  It  cannot  interfere 
with  the  functions  of  the  boards  of  control  having  immediate 
care  of  these  institutions,  nor  can  it  interfere  directiy  with 
the  internal  management  of  any  of  these  establishments ;  but 
it  scrutinizes  their  management,  points  out  their  defects, 
reports  to  the  Governor  their  excellencies  and  their  faults, 
and  makes  such  suggestions  as  it  may  deem  proper.  Two 
evils  are  liable  to  arise  in  all  public  and  private  institutions : 

1.  Officials  are  in  danger  of  exercising  too  arbitrary 
power,  and  of  neglecting  and  abusing  those  intrusted 
to  their  care. 

2.  When  institutions  are  left  to  themselves,  they  are  in 
danger  either  of  running  in  familiar  ruts  or  of  degen- 
erating. 

Frequent  visitation  and  inspection  l^ave  a  tendency  to 


Il8  CIVIL    GOVERNMENT. 

prevent  these  evils.  Abuse  of  power  is  thus  brought  to  the 
knowledge  of  the  public,  a  greater  regard  is  paid  to  the 
welfare  of  the  inmates,  and  improved  methods  are  suggested 
and  carried  out. 

The  Board  consists  of  four  members  appointed  by  the  Governor,  with 
the  advi  ce  and  consent  of  the  Senate,  for  eighl  years,  one  being  appointed 
every  two  years.  They  are  paid  their  traveling  and  other  necessary 
expenses.     The  Governor  is  a  member  of  the  Board  by  virtue  of  his  office. 

County  Agents  of  the  State  Board. — In  many  of  the 
counties  of  the  State,  an  agent  of  the  Board  of  Corrections 
and  Charities  is  appointed  by  the  Governor.  The  duties  of 
this  officer  are  exceedingly  important     He  is  required, — 

1.  To  look  after  the  interests  of  juvenile  offenders  in  his 
county.  When  an  offense,  not  punishable  with  im- 
prisonment for  life,  has  been  committed  by  any  boy 
or  girl,  it  is  the  duty  ol  the  county  agent  to  examine 
into  all  the  facts  and  circumstances,  and  advise  with 
the  magistrate  who  has  jurisdiction  of  the  case,  as  to 
how  the  pubHc  interest  and  the  interest  of  the  child 
can  be  best  subserved. 

2.  To  visit,  as  often  as  once  a  year,  all  children  in  his 
cojnty  who  have  been  placed  in  charge  of  others  by 
any  State  Board  or  officer  of  the  State,  and  see  whether 
they  are  properly  treated  and  cared  for. 

3.  To  watch  over  and  care  for  deserted  and  neglected 
children,  and  to  assist  in  finding  homes  for  them.     He 
represents  the  watchful  care  of  the  State  over  the  home 
less  and  dependent  children. 

County  agents,  in  addition  to  their  expenses,  receives  three  dollars  for 
each  child  that  has  been  properly  attended  to.  The  compensation  in  any 
one  year  can  not  exceed  one  hundred  dollars,  except  in  the  county  of 
Wayne,  where  it  is  limited  to  two  hundred  dollars. 


STATE   INSTITUTIONS,  i  i  q 

STATE  INSTITUTIONS. 

Charitable. 

a.  State  Public  School, 

Coldwater. 

b.  Institution  for  Educating  the  Deaf  and  Dumb, 

Flint. 
c    School  for  the  Blind, 

Lansing, 
d.     Asylums  for  the  Insane, 

Kalamazoo,  Pontiac,  and  Traverse  City. 
Reformatory. 

a.  State  Reform  School, 

Lansing. 

b.  Industrial  Home  for  Girls, 

Adrian. 

Penal. 

a.  State  House  of  Correction, 

Ionia. 

b.  Detroit  House  of  Correction, 

Detroit. 

c     State  Prison, 
Jackson. 


120  CIVIL   GOVERNMENT. 


CHAPTER  XL 


THE  MILITIA. 

Military  Forces, — It  is  the  custom  among  foreign  nations 
to  support,  at  great  expense,  large  armies  in  time  of  peace, 
in  order  to  maintain  the  authority  of  the  government,  and  to 
defend  the  State  in  case  of  war.  The  necessity  of  supporting 
a  large  army  is  not  as  great  in  our  own  country  as  it  is  among 
foreign  nations,  and  it  is  not  in  keeping  with  the  spirit  of 
American  institutions.  There  is  a  deep  seated  prejudice 
against  maintaining  a  large  military  force  in  time  of  peace, 
for  the  reason  that  standing  armies  have  been  the  instruments 
of  despotisms  in  the  past,  they  necessitate  the  expenditure  of 
large  sums  of  money  for  their  support,  thus  diminishing  the 
industrial  resources  of  the  country,  and  they  endanger  the 
liberties  of  the  people.  The  national  government  maintains 
a  small  military  force  to  protect  its  frontiers  and  to  garrison  its 
forts,  but  the  States  are  forbidden  by  the  Constitution  of  the 
United  States  to  keep  standing  armies. 

The  Militia. — That  the  State  may  at  all  times  be  able  to 
enforce  its  laws  and  to  protect  its  institutions,  a  State  militia 
is  established.  The  militia  is  a  body  of  citizens  enrolled  or 
trained  for  military  duty.  They  are  liable  at  any  time  to  be 
called  out  to  aid  the  civil  authorities  in  the  enforcement  of 
the  laws,  or  to  defend  the  State  in  case  of  war  with  a  foreign 
power.     The  militia  is  of  two  kinds,— 

1.     Enrolled, 

3.     Active, 


THE    MILITIA.  121 


Enrolled  Militia. — All  able-bodied  male  citizens  be- 
tween the  ages  of  eighteen  and  forty-five  years,  with  a  few 
exceptions,  are  subject  to  military  duty,  and  constitute  what 
is  called  the  enrolled  militia.  They  are  not  subject  to  active 
military  duty,  except  in  case  of  war,  rebellion,  invasion,  the 
suppression  of  riots,  and  to  aid  the  civil  authorities  in  the 
execution  of  the  laws.  The  Governor  may  order  out  for  actual 
service,  either  by  voluntary  enlistment  or  by  draft,  as  many 
of  the  enrolled  militia  as  the  public  necessity  may  demand. 
The  Supervisor  of  each  township  and  ward  is  required  to  annually 
send  to  the  County  Clerk  a  list  of  all  persons  liable  to  do  military  duty. 
These  lists  are  filed  in  the  office  of  the  County  Clerk,  and  the  number  of 
persons  enrolled  in  each  county  is  sent  to  the  Adjutant  General. 

Persons  Exempt  from  Military  Duty. — The  following  per- 
sons are  exempt  from  military  duty : — 

I.    Ministers  of  the  gospel,  and  teachers  in  public  institu- 
tions and  in  the  public  schools ; 
a.     Judges  of  the  various  courts; 

3.  Members  and  officers  of  the  Legislature; 

4.  All  State  and  county  officers,  except  notaries  public; 

5.  Officers  and  guards  of  the  State  Prison ; 

6.  All  commissioned  officers  of   the  militia  who  have 
served  as  such  for  the  term  of  six  years. 

Paupers,  idiots,  lunatics,  vagrants,  and  convicted  criminals  are  not 
enrolled. 

Active  Militia. — The  active  militia  is  composed  of  volun- 
teers between  the  ages  of  eighteen  and  forty-five  years, 
trained  to  military  duty,  and  known  as  the  State  troops.  In 
case  of  war,  rebellion,  invasion,  the  suppression  of  riots,  and 
to  aid  the  civil  authorities  in  the  execution  of  the  laws  of  the 
State,  the  active  militia  is  first  ordered  into  service.  The 
9 


T22  CIVIL   GOVERNMENT. 


State  troops  are  divided  into  regiments,  each  regiment  con- 
sisting of  a  certain  number  of  companies. 

1.  There  are  at  present  four  regiments. 

2.  Before  any  person  is  mustered  into  the  service  of  the  State,  he  is 

required  to  take  the  following  oath: — I, ,  do  solemnly  swear  (or 

affirm)  that  I  will  bear  true  allegiance  to  the  United  States  of  America, 
and  to  the  State  of  Michigan  ;  that  I  will  serve  them  honestly  and  faith- 
fully against  all  their  enemies  and  opposers  whatever;  and  that  I  will 
observe  and  obey  the  orders  of  the  President  of  the  United  States,  the 
Governor  of  this  State,  and  the  orders  of  the  officers  appointed  over  me, 
according  to  the  rules  and  articles  for  the  government  of  the  armies  of  the 
United  States  and  of  this  State. 

Military  Companies. — Military  companies  are  formed  in 
different  parts  of  the  State.  They  come  together  at  specified 
times  to  drill  in  their  armories,  and  they  are  annually  required 
to  meet  with  their  respective  regiments,  at  places  designated 
by  the  Governor,  for  military  instruction  and  camp  duty.  In 
case  of  riot  or  violent  resistance  to  the  execution  of  the 
laws  by  the  proper  officers,  it  is  the  duty  of  the  militia  to 
promptly  aid  the  civil  authorities  in  the  preservation  of  peace 
and  order,  and  in  the  enforcement  of  the  laws.  It  should 
always  be  remembered  that  the  military  power  is  subordinate 
to  the  civil,  and  it  can  be  lawfully  used  by  the  civil  authori- 
ties in  times  of  urgent  necessity. 

The  term  of  enlistment  in  this  State  is  three  years.  Persons  having 
enlisted  may  at  any  time  obtain  a  discharge  for  good  and  sufficient  reasons. 

Equipments. — Each  company  is  furnished  with  arms,  uni- 
forms, and  all  necessary  equipments,  at  the  expense  of  the 
State.  All  articles  thus  furnished  remain  the  property  of  the 
State,  and  when  a  company  is  disbanded,  the  commissioned 
officers  are  responsible  for  their  safe  return  to  the  Quarter- 
master General.  A  suitable  armory  is  also  provided  for  eacli 
company  at  the  expense  of  the  State. 


THE    MILITIA. 


23 


1.  Commissioned  officers  provide  themselves  with  uniforms. 

2.  Captains  receive  fifty  dollars  a  year  for  the  care  and  safe  keeping 
of  the  arms  furnished  to  their  companies  by  the  State. 

3.  When  the  State  troops  are  employed  in  actual  service,  suppressing 
riots,  etc.,  each  private  receives  one  dollar  and  twenty-five  cents  per  day 
and  rations;  non-commissioned  officers  and  musicians,  one  dollar  and 
twenty-five  cents  per  day ;  commissioned  officers,  the  same  pay  that  officers 
of  the  same  rank  in  the  United  States  army  receive. 

4.  For  the  time  spfent  in  the  annual  encampment,  and  in  traveling 
from  and  returnmg  to  their  homes,  each  member  of  the  several  com- 
panies receives  one  dollar  and  twenty-five  cents  per  day,  seventy-five  cents 
per  day  for  subsistence,  and  the  necessary  transportation. 

Principal  Officers. — The  principal  officers  of  the  State 
militia  are, — 

X.     Commander-in-Chief, 
2.     Adjutant  General, 
^  .  3.     Inspector  General, 

4.     Quartermaster  General. 

There  are  also  regimental  officers,  officers  of  companies, 
and  a  State  Military  Board. 

The  Adjutant  General,  Inspector  General,  and  Quartermaster  General 
rank  as  Brigadier  Generals,  and  ar  appointed  for  two  years.  They  each 
receive  one  thousand  dollars  a  year. 

Commander-in-Chief. — In  order  that  the  Governor  may  at 
all  times  be  able  to  enforce  the  laws  and  preserve  the  peace, 
he  is  by  virtue  of  his  office  Commander-in-Chief  of  all  the 
military  forces  of  the  State,  and  they  are  at  any  time  subject 
to  his  orders. 

The  Staff  of  the  Commander-in-Chief  consists  of  four  Aids,  who  rank 
as  Colonels ;  one  Judge  Advocate,  who  has  general  supervision  of  every- 
thing relating  to  the  administration  of  justice  among  the  military  forces  of 
the  State ;  and  a  Military  Secretary.  Both  of  the  last  named  officers  rank 
as  Majors. 


124  CIVIL    GOVERNMENT. 


Adjutant  General. — Next  to  the  Commander-in-Chief,  the 
Adjutant  General  is  the  highest  military  officer  in  the  State. 
It  is  through  him  that  the  Governor  issues  his  orders  to  the 
troops,  and  it  is  through  him  that  all  recommendations  and 
reports  from  military  officers  are  presented  to  the  Commander- 
in-Chief.  Among  other  duties,  he  is  required  to  keep  a 
record  of  the  number  of  enrolled  and  active  militia  in  the 
State. 

Inspector  General. — The  Inspector  General  has  the  gener- 
al care  and  supervision  of  the  instruction  and  discipline  of 
all  the  State  troops.  He  musters  new  companies  into  service, 
inspects  the  condition  of  armories  and  military  property,  and 
tests  the  proficiency  of  each  company  in  the  manual  of  arms. 

Quartermaster  General. — The  Quartermaster  General  has 
charge  of  arsenals,  munitions  of  war,  and  all  military  property 
of  the  State.  He  furnishes  military  companies  with  arms  and 
other  equipments,  and  the  use  of  suitable  armories.  In  a 
word,  he  has  the  care  of  everything  pertaining  to  the  safe 
keeping  and  proper  distribution  of  military  property. 

He  is  required  to  give  bonds  to  the  sum  of  fifty  thousand  dollars  tha' 
he  will  faithfully  perform  the  duties  of  his  office. 

State  Military  Board. — The  State  Military  Board  consists 
of  the  Inspector  General  and  two  other  members  appointed 
by  the  Governor.  They  hold  office  for  two  years.  This 
Board  is  an  advisory  body  to  the  Commander-in-Chief  on  all 
matters  relating  to  the  interests  of  the  State  militia.  They 
examine  all  military  claims  and  accounts  against  the  State, 
and  order  the  payment  of  those  that  are  just,  and  they  may 
prepare  and  adopt  such  rules  and  regulations  for  the  govern- 
ment of  the  State  troops  as  do  not  conflict  with  the  laws  of 
the  United  States  or  of  this  State. 


THE    MILITIA.  I25 


1.  The  same  system  of  instruction  is  followed  in  the  military  drills  of 
the  militia  that  is  adopted  by  the  United  States  army. 

2.  The  two  members  of  the  Board  appointed  by  the  Governor  receive 
three  dollars  a  day,  while  attending  the  meetings  of  the  Board,  and  five 
cents  a  mile  in  going  to  and  returning  from  the  place  of  meeting. 

Court  Martial. — ^All  offenses  against  the  rules  and  regula- 
tions established  for  the  government  of  the  State  troops,  are 
tried  by  a  court  martial  consisting  of  commissioned  officers. 
The  jurisdiction  of  this  court  is  confined  to  military  offenses 
committed  by  persons  enlisted  in  the  active  militia. 

The  Judge  Advocate  examines,  and  reports  to  the  Governor,  the  pro- 
ceedings of  all  courts  martial. 

Remark, — Although  the  military  forces  of  the  State  are 
subject  to  the  orders  of  the  Governor,  yet  all  money  for  their 
support  must  come  from  the  Legislature.  The  Legislature  acts 
as  a  check  upon  any  unlawful  use  of  the  militia  by  the  chief 
executive,  and  by  refusing  to  make  the  necessary  appropriations 
for  its  maintenance,  it  may  at  any  time  put  a  stop  to  an 
improper  or  tyrannical  use  of  the  military  power.  The  num- 
ber of  companies  established  throughout  the  State  is  also 
limited  by  law. 


'T  26  CIVIL   GOVERNMEN  . 


MILITARY  OFFICERS. 
Commander-in-Chief. 

STAFF   OFFICERS. 

1.  Four  Aids, 

2.  Judge  Advocate, 

3.  Military  Secretary. 

GENERAL   OFFICERS. 

1.  Adjutant  General, 

2.  Inspector  General, 

3.  Quartermaster  General. 

StafT  officers  and  general  officers  are  appointed  by  the  Governor. 


REGIMENTAL  OFFICERS. 

1.  Colonel, 

2.  Lieutenant  Colonel, 

3.  Major, 

4.  Surgeon, 

5.  Assistant  Surgeon, 

6.  Adjutant, 

7.  Quartermaster. 

Regimental  officers  are  elected  by  the  commissioned  officers  of  the 
regiment,  and  they  receive  their  commissions  from  the  Commander-in- 
Chief. 


THE    MILITIA.  12; 


COMPANY  OFFICERS. 

Commissioned. 

X.     Captain, 

2.  First  Lieutenant, 

3.  Second  Lieutenant. 

Non-  Commissioned, 

I.     Five  Sergeants, 
3.     Eight  Corporals. 

1.  Sergeant  Major,  a  Quartermaster  Sergeant,  and  a  Color  Sergeant 
are  appointed  by  the  Colonel  from  among  the  best  instructed  Sergeants  of 
the  companies. 

2.  The  commissioned  officers  are  elected  by  the  companies,  an*  I 
receive  their  commissions  from  the  Commander-in-Chief.  The  non-com- 
missioned officeis  are  either  appointed  by  the  Captain  or  elected  by  the 
company,  and  they  receive  warrants  from  the  commanding  officer  of  the 
regiment.  In  some  companies,  otilcers  are  elected  for  one  year,  in  others 
for  two, 

STATE   MILITARY    BOARDu 

X.     Inspector  General, 

a.    Two  members  appointed  by  the  Governor. 


POLITICAL  MACHINERY., 


POLITICAL   MACHINERY.  131 


CHAPTER  Xn. 


POLITICAL  MACHINERY. 

.  Parties. — On  all  public  questions,  there  will  be  great  dif- 
ferences of  opinion,  and  parties  will  always  be  formed  on  all 
great  questions  of  public  policy.  In  a  republican  government 
like  our  own,  the  only  way  in  which  public  measures  can  be 
successfully  carried  out,  is  to  select  persons  as  officers  who  are 
in  sympathy  with,  and  will  promote  the  policy  of,  the  party 
they  represent.  Political  parties  are  a  necessity,  and  the  nom- 
ination of  officers  to  represent  these  parties  is  necessarily 
associated  with  all  free  governments. 

Nomination  of  Officers. — Officers  are  nominated  at  caucuses 
and  conventions  held  for  that  purpose.     These  are, — 

1.  Primary  meetings  or  caucuses, 

2.  City  conventions, 

3.  County  conventions, 

4.  District  conventions, 

5.  State  conventions. 

The  primary  meeting,  or,  as  it  is  sometimes  called,  the 
caucus,  is  held  for  the  purpose  of  nominating  township  and 
ward  officers,  and  for  selecting  persons  to  attend  city,  county, 
and  district  conventions,  when  the  district  forms  but  a  part  of 
a  county.  The  city  convention  nominates  city  officers ;  the 
county  convention,  county  officers,  and  selects  delegates  to 
State  conventions  and  to  district  conventions,  when  the  dis- 


132  CIVIL   GOVERNMENT. 


tricts  embrace  more  than  one  county,  as  judicial  and  congres- 
sional districts ;  district  conventions  nominate  district  officers, 
as  representatives,  senators,  judges,  members  of  Congress ; 
State  conventions,  State  officers. 

Caucuses* — ^A  caucus  is  a  general  meeting  of  the  voters 
of  a  political  party  for  the  purpose  of  selecting  candidates 
for  public  offices,  or  electing  delegates  to  attend  conventions, 
or  for  the  purpose  of  adopting  measures  to  promote  party 
interests.  Any  number  of  persons  representing  a  political 
party  may  meet  together  at  any  time  to  adopt  plans  for  party 
management,  or  to  devise  means  for  promoting  party  interests, 
or  to  advance  the  interests  of  candidates  for  any  office. 

Any  legal  voter  who  is  in  sympathy  with  the  party  holding  the  caucus, 
may  attend  the  meeting,  and  take  part  in  the  proceedings. 

The  Importance  of  Caucuses. — Caucuses  shape  the  policy 
of  political  parties,  and  it  is  of  the  utmost  importance  that 
all  qualified  voters  should  attend  their  party  caucuses.  One 
of  the  most  discouraging  features  of  our  political  institutions 
is  the  lack  of  interest  displayed  by  many  in  the  primary  meet- 
ings of  the  party  to  which  they  belong,  so  that  it  often  hap- 
pens that,  by  intrigue  and  adroit  combination,  unworthy  and 
incompetent  men  are  selected  as  candidates  for  important 
offices.  The  policy  of  a  party  is  necesssarily  shaped  by  its 
caucuses,  and  when  these  are  controlled  by  unscrupulous  men, 
the  party  will  become  corrupt,  and  will  bring  disgrace  upon 
the  government  and  calamity  to  the  State,  if  it  succeeds  in 
obtaining  control  of  affairs.  It  is  therefore  the  imperative 
duty  of  every  good  citizen  to  attend  primary  meetings,  and 
see  to  it  that  competent  men  are  selected  for  public  offices. 
As  the  caucuses  are,  so  the  government  will  be. 

State  Convention. — Some  time  previous  to  the  meeting  of 


POLITICAL  MACHINERY.  1 35 


a  State  convention  to  nominate  State  officers,  caucuses  arc 
held  in  the  townships  and  wards  for  the  purpose  of  selecting 
delegates  to  county  conventions.  The  county  conventions 
select  persons  to  attend  the  State  convention. 

Time  of  Meeting. — The  time  and  place  for  holding  a  State 
convention  is  designated  by  what  is  called  the  State  Central 
Committee.  A  State  Central  Committee  is  appointed  at  each 
State  convention  for  this  purpose, 

Meeting  of  the  Convention, — On  the  day  named  for  the 
meeting  of  the  convention,  the  delegates  assemble  at  the 
appointed  time  and  place,  and  are  called  to  order  by  the 
chairman  of  the  State  Central  Committee,  who  nominates 
some  person,  previously  agreed  upon  by  the  committee,  as 
temporary  chairman  of  the  convention. 

1.  After  calling  the  convention  to  order,  and  before  nominating  a 
temporary  chairman,  the  chairman  of  the  State  Central  Committee  some- 
times makes  a  few  remarks  to  the  convention. 

2.  The  hall  in  which  the  convention  is  held  is  nsnally  divided  into 
county  and  congressional  districts,  so  that  the  varioni  delegations  may  be 
seated  conveniently  together.  The  hall  is  mapped  out  by  the  Central 
Committee. 

Temporary  Chairman, — ^A  temporary  chairman  is  one 
appointed  to  preside,  until  it  has  been  properly  ascertained 
who  are  entitled  to  seats  in  the  convention,  and  until  perma- 
nent officers  are  selected.  The  office  of  chairman  of  a  polit- 
ical convention  is  considered  so  important,  and  candidates 
for  important  offices  are  so  desirous  of  securing  a  chairman 
who  is  favorable  to  their  interests,  that  a  temporary  organiza- 
tion is  at  first  necessary.  In  this  way,  a  permanent  presiding 
officer  will  be  more  likely  to  be  afterwards  chosen,  who  will 
be  acceptable  to  a  majority  of  the  delegates.     It  is  the  custom 


T 


K. 


^ 


134  CIVIL   GOVERNMENT. 


for  the  temporary  chairman  to  make  a  short  address  to  the 
convention. 

Temporary  Secretary. — After  the  appointment  of  a  tempo- 
rary chairman,  and  the  usual  address  which  follows,  a  tempo- 
rary secretary  is  elected.  This  officer  performs  the  usual 
duties  of  a  secretary. 

Committees. — When  a  temporary  organization  is  thus 
effected,  the  next  business  in  order  is  the  appointment  of, — 

X.    A  Committee  on  Credentials ; 

2,  A  Committee  on  Permanent  Organization  and  Order 
of  Business; 

3.  A  Committee  on  Resolutions. 

One  delegate  from  each  congressional  district  is  appointed 
on  each  committee.  Each  delegation  meets  before  the  assem- 
bling of  the  convention,  selects  a  chairman  and  secretary, 
and  decides  what  persons  shall  serve  on  the  committees. 

Committee  on  Credentials. — The  duty  of  this  committee  is 
to  ascertain  the  names  of  those  who  are  entitled  to  seats  in 
the  convention,  and  prepare  a  list  of  those  having  proper 
credentials.  They  also  report  doubtful  cases,  with  recommen- 
dations, to  the  convention.  Only  those  can  take  part  in  the 
deliberations  of  the  convention,  whose  right  to  act  as  dele- 
gates is  undisputed. 

Committee  on  Permanent  Organization  and  Order  of  Busi- 
ness.— It  is  the  duty  of  this  committee  to  select  a  permanent 
presiding  officer,  a  number  of  vice-presidents  and  secretaries, 
and  to  determine  the  order  in  which  the  business  of  the  con- 
vention shall  be  transacted.  The  selection  of  a  number  of 
vice-presidents  and  secretaries  is  designed  as  a  compliment  to 
active  and  prominent  members  of  the  party. 


POLITICAL   MACHINERY. 


^35 


The  vice-presidents  and  secretaries  are  always  invited  to  take  seats  on 
the  platform. 

Committee  on  Resolutions. — This  committee  is  the  most 
important  of  the  three,  from  the  fact  that  it  has  to  set  forth 
the  principles  of  the  party  in  a  series  of  resolutions  called  the 
platform.  On  the  general  tenor  of  these  resolutions  depends, 
in  a  great  measure,  the  success  of  a  party  in  a  political  cam- 
paign. Opposing  factions  have  to  be  conciliated,  and  it  is  a 
difficult  and  delicate  task  to  prepare  a  series  of  resolutions 
that  will  be  acceptable  to  all  the  delegates  or  to  the  party  at 
large.  The  key-notes  of  political  campaigns  are  the  platforms 
of  opposing  parties. 

Adjournment. — ^After  the  selection  of  these  three  commit- 
tees, it  is  the  custom  of  the  convention  to  adjourn  till  after- 
noon, so  as  to  give  the  necessary  time  to  the  committees  to 
perform  the  various  duties  assigned  to  them. 

Reports  of  Committees. — When  the  convention  assembles 
again,  the  first  thing  in  order  is  the  report  of  the  Committee 
on  Credentials.  The  list  of  delegates  is  read  by  the  chairman 
of  the  committee,  together  with  such  recommendations  as  the 
committee  desire  to  make.  After  which  the  Committee  on 
Permanent  Organization  and  Order  of  Business  report  through 
their  chairman. 

Permanent  Officers, — If  the  report  of  the  Committee  on 
Permanent  Organization  is  adopted,  the  person  selected  as 
permanent  president  takes  the  place  of  the  temporary  chair- 
man, thanks  the  convention  for  the  honor  conferred  upon  him, 
and  makes  an  address  on  the  political  issues  of  the  day.  The 
vice-presidents  and  secretaries  are  then  invited  to  take  seats 
on  the  platform. 

Other  Business. — When    the   convention   is   permanently 


INIVLiiSIT 


36  CIVIL   GOVERNMENT. 


organized,  that  is,  after  it  has  been  determined  who  are  the 
regular  delegates,  and  permanent  officers  are  elected,  three 
important  steps  have  to  be  taken, — 

1.  The  nomination  of  State  officers; 

2.  The  adoption  of  a  platform  ; 

3.  The  appointment  of  a  State  Central  Committee. 
Nomination  of  State  Officers. — ^The  nomination  of  officers 

is  made  in  the  order  designated  by  the  Committee  on  Perma- 
nent Organization  and  Order  of  Business.  Officers  are  nom- 
inated either  by  ballot  or  by  acclamation.  It  is  considered  a 
marked  compliment  to  a  candidate  for  a  public  office  to  be 
nominated  by  acclamation. 

The  Adoption  of  a  Platform. — ^Although  it  might  seem  to 
be  more  appropriate  for  the  Committee  on  Resolutions  to 
report  at  the  same  time  that  the  other  committees  present  their 
reports,  it  is  the  usual  custom  to  defer  the  reading  of  the 
resolutions  till  after  the  nomination  of  State  officers.  One 
reason  of  this  is  that  it  usually  requires  more  time  for  this 
committee  to  prepare  its  report  than  it  does  for  the  others. 
The  resolutions  are  read  by  the  chairman  of  the  committee, 
and  either  adopted  as  a  whole  or  each  resolution  is  acted  on 
separately.  Sometimes  there  is  considerable  opposition  to 
some  features  of  the  platform,  and  vigorous  speeches  for  and 
against  are  made  by  various  delegates.  The  resolutions  are 
sometimes  amended,  before  they  are  adopted  by  the  conven- 
tion. 

Appointment  of  a  State  Central  Committee. — Before  the 
convention  adjourns,  a  State  Central  Committee  is  appointed, 
each  congressional  district  selecting-  two  members.  The  con- 
vention select  the  chairman  of  the  committee.  The  Commit- 
tee appoint  a  secretary.  The  State  Central  Committee  exer- 


POLITICAL   MACHINERY.  1 37 

cises  a  general  control  over  the  party  machinery  of  the  State, 
engages  speakers  during  the  campaign,  provides  means  to 
defray  expenses,  and  endeavors  to  secure  the  election  of  those 
nominated  at  the  State  convention.  They  also  designate  the 
time  and  place  for  holding  the  next  State  convention. 

In  addition  to  the  State  Central  Committee,  there  are  also  committees 
in  each  comity,  district,  city,  and  ward  to  secure  the  election  of  local  offi- 
cers. 

Campaign, — ^After  the  nomination  of  officers  by  each  party, 
what  is  called  the  campaign  follows.  Politicians  address  polit- 
ical gatherings  on  the  issues  of  the  day,  the  record  of  public 
men  is  reviewed,  the  achievements  of  one  party  are  glorified 
and  the  failures  of  the  opposing  party  are  paraded,  newspa- 
pers criticize  men  and  measures,  the  platforms  of  parties  are 
praised  or  denounced,  and  voters  are  solicited  by  candidates 
for  their  votes.  The  campaign  is  under  the  direction  of  the 
various  committees  appointed  for  that  purpose. 


10 


138  CIVIL    GOVERNMENT. 


CAUCUSES  AND  CONVENTIONS. 

I.  Caucus. 

II.  I.     Caucus, 

2.     City  Convention. 

III.  I.     Caucus, 

2.     District  Convention,  when  the  district  is   less 
than  a  county. 

IV.  I.     Caucus, 

2.  County  Convention, 

3.  District  Convention,  when  the  district  embraces 

two  or  more  counties. 

V.  I.     Caucus, 

2.     County  Convention. 

VI.  I.     Caucus, 

2.  County  Convention, 

3.  State  Convention. 

STATE  CONVENTION. 

I.     Morning.  ^ 

X.     Called  to  Order  by  the  Chairman  of  the  State 
Central  Committee. 

2.  Election  of  a  Temporary  Chairman. 

3.  Remarks  of  the  Temporary  Chairman. 

4.  Election  of  a  Temporary  Secretary. 

5.  Appointment  of  Committees. 
a.     Committee  on  Credentials. 


POLITICAL   MACHINERY.  1 39 

b.  Committee  on  Permanent  Organization 

and 
Order  of  Business. 

c.  Committee  on  Resolutions, 
6.     Adjournment. 

n.    Afternoon 

1.  Called  to  Order. 

2.  Reports  of  Committees. 

a.  Committee  on  Credentials, 

b.  Committee  on  Permanent  Organization 

and 
Order  of  Business. 

3.  Address  of  Permanent  Chairman. 

4.  Vice-Presidents  and  Secretaries  invited  to  take 

seats  on  the  Platform. 

5.  Nominations  of  State  Officers. 

6.  Report  of  Committee  on  Resolutions. 

7.  Appointment  of  a  State  Central  Committee. 

8.  Adjournment  sine  die. 

Campaign, 


THE  GOVERNMENT  OF  THE  UNIT^)  STATES. 


THE   GOVERNMENT   OF   THE   UNITED    STATES.  143 


OHAPTEE  xrn. 


THE  GOVERNMENT  OF  TH^  UNITED  STATES. 

United  States  Constitution. — Not  only  has  each  State  a 
Constitution  which  determines  the  limits  within  which  the 
functions  of  the  State  government  are  exercised,  but  also  the 
United  States  have  adopted  a  Constitution  which  is  the 
fundamental  law  of  the  whole  land,  and  which  takes  the  pre- 
cedence of  all  State  Constitutions.  After  the  Revolutionary 
War,  representatives  from  each  State  met  in  general  conven- 
tion, and  framed  a  Constitution  which  was  afterwards  adopted 
by  all  the  States.  No  State  Constitution,  or  acts  of  Congress 
or  of  State  Legislatures,  must  conflict  with  its  requirements, 
and  all  executive,  legislative,  and  judicial  officers  of  the  State 
are  required  to  take  an  oath  to  support  not  only  the  State 
Constitution,  but  also  the  Constitution  of  the  United  States. 
All  amendments  must  be  ratified  by  three-fourths  of  all  the  States, 
before  they  can  become  a  part  of  the  Constitution. 

Departments  of  Government. — The  Government  of  the 
United  States,  like  the  State  government,  is  divided  into 
three  departments : — 

1.  The  executive, 

2.  The  legislative, 

3.  The  judicial. 

TTie  Executive  Department. — The  executive  power  is 
vested  in  the  President  alone.  It  is  his  duty  to  see  to  it  that 
all  the  laws  of  the  United  States  are  faithfully  executed  and 


1+4  CIVIL    GOVERNMENT. 


enforced.  To  this  end  he  is  Commander-in-Chief  of  the 
army  and  navy.  He  is  aided  in  the  performance  of  his 
duties, — 

1.  By  his  Cabinet; 

2.  By  subordinate  executive  officers  appointed  by  him- 
self, with  the  advice  and  consent  of  the  Senate. 

The  President  is  Commander-in-Chief  of  the  militia  of  the  several 
States,  when  called  into  the  actual  service  of  the  United  States. 

The  Cabinet. — The  President's  Cabinet  consists  of  seven 
members  appointed  by  himself,  with  the  consent  of  the  Sen- 
ate. The  members  of  the  Cabinet  are  the  confidential  advisers 
of  the  President,  and  each  of  them  is  placed  at  the  head  of 
some  branch  of  the  executive  department.     They  are  the, — 

1.  Secretary  of  State, 

2.  Secretary  of  the  Treasury, 

3.  Secretary  of  War, 

4.  Secretary  of  the  Navy, 

5.  Secretary  of  the  Interior, 

6.  Postmaster  General, 

7.  Attorney  General. 

Secretary  of  State. — The  Secretary  of  State  is  considered 
to  be  the  most  important  Cabinet  officer.  In  rank  he  stands 
next  to  the  President.  His  duties  are  not  only  similar  to  the 
duties  of  the  Secretary  of  State  of  our  State  government,  but 
he  also  has  charge  of  all  business  arising  between  the  govern- 
ment of  the  United  States  and  that  of  foreign  countries. 

Secretary  of  the  Treasury. — The  Secretary  of  the  Treasury 
superintends  the  financial  affairs  of  the  country,  the  collection 
of  the  revenues  for  the  support  of  the  government,  and  has 
the  care  of  all  money  paid  into  the  United  States  treasury. 


IHE    GOVERNMENT   OF   THE    UNITED    STATES.  I45 

He  also  has  the  general  supervision  of  the  coinage  of  money, 
light-houses,  and  custom-houses. 

Secretary  of  War. — The  Secretary  of  War  has  the  general 
oversight  of  the  army,  the  Military  Academy  at  West  Point, 
arsenals,  military  stores,  and  all  matters  relating  to  military 
affairs. 

Secretary  of  the  Navy. — The  Secretary  of  the  Navy  has 
the  general  oversight  of  the  navy,  the  Naval  Acaiiemy  at 
Annapolis,  navy  yards  and  stores,  and  all  matters  relating  to 
naval  affairs. 

Secretary  of  the  Interior. — ^The  Secretary  of  the  Interior 
has  the  general  charge  of  public  lands  and  buildings,  Indian 
affairs,  patents,  pensions,  the  taking  of  the  census,  and  the 
distribution  of  information  relating  to  education. 

Postmaster  General. — The  Postmaster  General  has  the 
general  supervision  of  everything  relating  to  the  carrying  of 
the  mails,  and  the  establishment  of  post-offices  and  postal 
communications. 

Attorney  General. — The  Attorney  General  attends  to  all 
suits,  in  the  Supreme  Court,  in  which  the  United  States  is 
interested,  and  he  is  required  to  ^ive  his  opinion  upon 
questions  of  law  submitted  to  him  by  the  President  or  the 
members  of  the  Cabinet. 

Elect? 071  of  President  and  Vice-President. — Instead  of 
voting  directly  for  President  and  Vice-President,  electors, 
previously  nominated  at  a  State  convention,  are  chosen,  who 
meet  at  the  capital  of  the  State  at  a  time  designated  by 
law,  and  cast  their  votes  for  the  candidates  nominated  by  the 
party  they  represent.  These  votes  are  sent  to  Washington, 
and,  together  with  the  votes  of  electors  from  other  States, 
are  counted  in  the  presence  of  both  Houses  of  Congress,  and 


140  CIVIL   GOVERNMENT. 

the  result  declared  by  the  President  of  the  Senate.  Each 
State  is  entitled  to  as  many  presidential  electors  as  it  has 
Senators  and  Representatives.  If  no  person  receives  a 
majority  of  all  the  electoral  votes,  the  House  of  Representa- 
tives chooses  the  President;  and  the  Senate,  the  Vice- 
President.  The  President  and  Vice-President  are  elected 
for  four  years. 

1  This  State  is  entitled  to  thirteen  electors. 

2  No  Senator  or  Representative  or  person  holding  an  oflSce  of  trust 
or  profit  under  the  United  States  can  be  an  elector, 

3  Only  a  native  born  citizen  is  eligible  to  the  office  of  President  or 
Vice-President. 

Legislative  Department. — The  legislative  power  is  vested 
in,— 

1.  The  Senate, 

2.  The  House  of  Representatives. 

The  powers  of  each  House  are  defined  by  the  Constitu- 
tion. They  are  somewhat  similiar  to  those  exercised  by  the 
two  Houses  of  our  State  Legislature,  with  the  exception 
that  all  revenue  bills  must  originate  in  the  House  of  Repre- 
sentatives. The  presiding  officer  of  the  Senate  is  the  Vice- 
President.  In  the  House,  a  presiding  officer  is  elected 
called  the  Speaker. 

Election  of  Senators. — Two  Senators  are  chosen  in  each 
State  by  the  Legislature  for  six  years.  Their  term  of  office 
is  so  arranged  as  not  to  expire  at  the  same  time. 

Election  of  Representatives. — Each  State  is  divided  into 
congressional  districts,  according  to  the  number  of  inhabi- 
tants. In  this  State  there  are  eleven  districts,  in  each  of 
which  a  Representative  is  elected,  at  the  same  time  that 
State  officers  are  chosen,  for  a  term  of  two  years 


THE  GOVERNMENT  OF  THE  UNITED  STATES.    I47 

Judicial  Department. — The  judicial  department  is  vested 
in,— 

1.  A  Supreme  Court, 

2.  Circuit  Courts, 

3.  District  Courts, 

4.  A  Court  of  Claims. 

The  judges  of  these  courts  are  appointed  by  the  Presi 
dent,  with  the  advice  and  consent  of  the  Senate,  and  they 
hold  office  during  good  behavior. 

The  Supreme  Court, — The  Supreme  Court  is  the  highest 
judicial  court  in  the  United  States.  It  interprets  the  Consti- 
tution and  laws  of  the  United  States,  and  decides  questions 
as  to  the  constitutionality  of  any  legislative  enactment. 
Although  it  has  original  jurisdiction  in  a  few  cases,  its  prin- 
cipal business  is  to  decide  questions  appealed  to  it  by  infe- 
rior courts. 

1.  The  Supreme  Court  has  original  jurisdiction  in  cases  affecting 
ambassadors,  other  public  ministers  and  consuls,  and  in  all  cases  in  which 
a  State  is  a  party. 

2.  The  officers  of  the  court  are  the  Judges,  the  Attorney  General,  and 
a  clerk,  crier,  and  reporter  appointed  by  the  court.  The  Marshal  of  the 
District  of  Columbia  attends  its  sessions. 

Circuit  Courts. — The  United  States  are  divided  into  nine 
judicial  circuits,  in  each  of  which  a  Circuit  Judge  is  appointed. 
These  courts  have  original  jurisdiction  in  very  grave 
offenses  against  the  laws  of  the  United  States,  and  appellate 
jurisdiction  in  cases  tried  in  District  Courts.  Each  circuit 
comprises  several  States. 

I.  Suits  between  citizens  of  different  States  and  between  aliens  and 
citizens,  when  the  amount  in  dispute  exceeds  five  hundred  dollars  and  all 


l|8  CIVIL   GOVERNMENT. 

crimes  against  the  laws  of  the  United  States  punishable  by  death  or  heavy 
penalties,  are  tried  in  these  courts. 

2.  Michigan  is  in  the  sixth  judicial  circuit.  The  circuit  comprises 
Michigan,  Ohio,  Kentucky,  and  Tennessee. 

3.  One  of  the  Judges  of  the  Supreme  Court  is  assigned  to  each  circuit. 
The  presiding  judge  of  a  Circuit  Court  may  be  the  Judge  of  the  Supreme 
Court,  or  the  Circuit  Judge,  or  both  may  sit  together.  The  Judge  of  the 
district  in  which  the  Circuit  Court  is  held,  sometimes  sits  with  the  Circuit 
Judge. 

4.  The  officers  of  the  court  are  the  Circuit  Judge,  the  Attorney  and 
Marshal  of  the  district  in  which  the  court  is  held,  and  a  clerk  appointed 
by  the  court. 

District  Courts. — At  least  one  District  Court  is  estab- 
lished in  each  State.  In  Michigan  there  are  two.  These 
courts  have  original  jurisdiction  in  minor  offenses  against  the 
laws  of  the  United  States.  In  each  district,  a  District 
Judge  is  appointed  by  the  President,  with  the  advice  and 
CO  isent  of  the  Senate. 

1.  Minor  offenses  committed  on  the  sea  or  on  navigable  rivers  and 
lakes,  and  all  offenses  against  the  laws  of  the  United  States,  not  punishable 
by  ticvere  penalties,  are  tried  in  these  courts. 

2.  The  District  Courts  in  Michigan  are  designated  as  the  Eastern  and 
Wesiem.  The  terms  of  the  Eastern  are  held  in  Detroit;  of  the  Western, 
in  Gland  Rapids. 

3.  The  officers  of  the  court  are  the  District  Judge,  Attorney,  Marshal, 
appointed  by  the  President  and  Senate,  and  a  clerk  appointed  by  the 
court. 

Court  of  Claims, — In  addition  to  the  courts  already 
mentioned,  a  Court  of  Claims  is  established,  consisting  of  five 
judges.  It  is  the  duty  of  this  court  to  settle  all  claims 
against  the  government  of  the  United  States.  The  sessions 
of  this  court  are  held  in  Washington. 


THE   GOVERNMENT   OF    THE    UNITED    STATES. 


149 


UNITED  STATES  GOVERNMENT. 

The  Chief  Executive. — President. 

Presiding  Officer  of  the  Senate. — ^Vice-President 


Cabinet. 


Secretary  of  State, 
Secretary  of  the  Treasury, 
Secretary  of  War, 
Secretary  of  the  Navy, 
Secretary  of  the  Interior, 
Postmaster  General, 
Attorney  General. 


Congress. 


Senate, 

House  of  Representatives. 


Courts. 


Supreme  Court, 
Circuit  Courts, 
District  Courts, 
Court  of  Claims. 


SALARIES  OF  UNITED  STATES   OFFICERS. 


President, 

Vice-President, 

Members  of  the  Cabinet, 

Speaker, 

Senators, 


;$5o,ooo. 
8,000. 
8,000. 
8,000. 
5, 000. 


150  CIVIL   GOVERNMENT. 


Representatives,       ------  5,000. 

Chief  Justice  of  the  Supreme  Court,     -        -        -  10,500. 

Associate  Judges  of  the  Supreme  Court,     -        -  10,000. 

Circuit  Judges,    -         -        -        -        -        -        -  6,000. 

District  Judges,         ------  3,000. 

Ministers  to  France,  Great  Britain,  Germany,  Rus'^ia,  1 7,500. 
Ministers  to  Austria,  Spain,  Italy,  Japan,  Mexico, 

Brazil,  China,            -----  12,000. 

Ministers  to  Chili,  Peru,            -        -        -        -  10,000. 

Other  Ministers  to  foreign  countries?,       7>5oo,  5,000.  4,000. 


^t-r  w-v-'' 


/ 


GONSTITUTION  OF  THE  STATE. 


CONSTITUTION    OF   THE   STATE.  1 53 


CONSTITUTION  OF  THE  STATE  OF  MICHIGAN, 


The  People  of  the  State  of  Michigan  do  Ordain  this 
Constitution. 


ARTICLE  L 

boundaries. 

The  State  of  Michigan  consists  of  and  has  jurisdiction  over 
the  territory  embraced  within  the  following  boundaries,  to  wit : 
Commencing  at  a  point  on  the  eastern  boundary  line  of  the 
State  of  Indiana,  where  a  direct  line  drawn  from  the  southern 
extremity  of  Lake  Michigan  to  the  most  northerly  cape  of  the 
Maumee  Bay,  shall  intersect  the  same — said  point  being  the 
north-west  corner  of  the  State  of  Ohio,  as  established  by  act 
of  Congress  entitled  **An  act  to  establish  the  northern 
boundary  line  of  the  State  of  Ohio,  and  to  provide  for  the 
admission  of  the  State  of  Michigan  into  the  Union  upon  the 
conditions  therein  expressed,"  approved  June  fifteenth,  one 
thousand  eight  hundred  and  thirty-six  ;  thence  with  the  said 
boundary  line  of  the  State  of  Ohio,  till  it  intersects  the 
boundary  line  between  the  United  States  and  Canada,  in  Lake 
Erie;  thence  with  said  boundary  line  between  the  United 
States  and  Canada,  through  the  Detroit  River,  Lake  Huron, 
and  Lake  Superior,  to  a  point  where  the  said  line  last 
touches  Lake  Superior;  thence  in  a  direct  line  through  Lake 
II 


154  CIVIL   GOVERNMENT. 


Superior,  to  the  mouth  of  the  Montreal  River ;  thence  through 
the  middle  of  the  main  channel  of  the  said  river  Montreal,  to 
the  head  waters  thereof;  thence  in  a  direct  line  to  the  centre 
of  the  channel  between  Middle  and  South  Islands,  in  the 
Lake  of  the  Desert;  thence  in  a  direct  line  to  the  southern 
shore  of  Lake  prule ;  thence  along  said  southern  shore  and 
down  the  river  Brule,  to  the  main  channel  of  the  Meno- 
minee river ;  thence  down  the  centre  of  the  main  channel  of 
the  same  to  the  centre  of  the  most  usual  ship  channel  of 
the  Green  Bay  of  Lake  Michigan  ;  thence  through  the 
centre  of  the  most  usual  ship  channel  of  the  said  bay  to  the 
middle  of  Lake  Michigan ;  thence  through  the  middle  oi 
Lake  Michigan,  to  the  northern  boundary  of  the  State  ot 
Indiana,  as  that  line  was  established  by  the  act  of  Congress 
of  the  nineteenth  of  April,  eighteen  hundred  and  sixteen ; 
thence  due  east  with  the  north  boundary  line  of  the  said  State 
of  Indiana,  to  the  northeast  corner  thereof;  and  thence 
south  with  the  eastern  boundary  line  of  Indiana,  to  the  place 
of  beginning, 

ARTICLE  II. 

SEAT   OF  GOVERNMENT. 

Sec  I.    The  seat  of  government  shall  be  at  Lansing, 
where  it  is  now  established. 

ARTICLE  III. 

DIVISION   OF   THE   POWERS   OF   GOVERNMENT. 

Sec.  I.     The  powers  of  government  are  divided  into  three 
departments  :  Legislative,  Executive,  and  Judicial. 


CONSTITUTION    OF   THE    STATE.  1 55 

Sec.  2.  No  person  belonging  to  one  department  shall 
exercise  the  powers  properly  belonging  to  another,  except  in 
the  cases  expressly  provided  in  this  Constitution. 

ARTICLE  IV. 

LEGISLATIVE   DEPARTMENT, 

Sec.  I.  The  Legislative  power  is  vested  in  a  Senate  and 
House  of  Representatives. 

Sec.  2.  The  Senate  shall  consist  of  thirty-two  members. 
Senators  shall  be  elected  for  two  years,  and  by  single  dis- 
tricts. Sach  districts  shall  be  numbered  from  one  to  thirty- 
two,  inclusive;  each  of  which  shall  choose  one  Senator.  No 
county  shall  be  divided  in  the  formation  of  Senate  districts, 
except  such  county  shall  be  equitably  entitled  to  two  or  more 
Senators. 

*Sec.  3.  The  House  of  Representatives  shall  consist  of  not 
less  than  sixty-four,  nor  more  than  one  hundred  members. 
Representatives  shall  be  chosen  for  two  years,  and  by  single 
districts.  Each  representative  district  shall  contain,  as  nearly 
as  may  be,  an  equal  number  of  inhabitants,  exclusive  of  per- 
sons of  Indian  descent  who  are  not  civilized,  or  are  members 
of  any  tribe,  and  shall  consist  of  convenient  and  contiguous 
territory;  but  no  township  or  city  shall  be  divided  in  the 
formation  of  a  representative  district.  When  any  township 
or  city  shall  contain  a  population  which  entitles  it  to  more 
than  one  Representative,  then  such  township  or  city  shall 
elect,  by  general  ticket,  the  number  of  Representatives  to 
which  it  is  entitled.     Each  county  hereafter  organized,  with 

*  Amendment  adopted  by  the  Legislature  of  1869,  approved  by  the  people  at  the 
general  election  of  1870. 


156  CIVIL   GOVERNMENT. 


such  territory  as  maybe  attached  thereto,  shall  be  fcn titled  to 
a  separate  Representative,  when  it  has  attained  a  population 
equal  to  a  moiety  of  the  ratio  of  representation.  In  every 
county  entitled  to  more  than  one  Representative,  the  Board  of 
Supervisors  shall  assemble  at  such  time  and  place  as  the  Leg- 
islature shall  prescribe,  and  divide  the  same  into  representa- 
tive districts,  equal  to  the  number  of  Representatives  to  which 
such  county  is  entitled  by  law,  and  shall  cause  to  be  filed  in 
the  offices  of  the  Secretary  of  State  and  cleric  of  su(  h  county, 
a  description  of  such  representative  districts,  specifying  the 
number  of  each  district,  and  population  thereof,  according  to 
the  last  preceding  enumeration. 

Sec.  4.  The  Legislature  shall  provide  by  law  for  an 
enumeration  of  the  inhabitants  in  the  year  eighteen  hundred 
and  fifty- four,  and  every  ten  years  thereafter ;  and  at  the  first 
session  after  each  enumeration  so  made,  and  also  at  the  first 
session  after  each  enumeration  by  the  authority  of  the  United 
States,  the  Legislature  shall  re-arrange  the  Senate  districts, 
and  apportion  anew  the  Representatives,  among  the  counties 
and  districts,  according  to  the  number  of  inhabitants,  exclu- 
sive of  persons  of  Indian  descent,  who  are  not  civilized,  or 
are  members  of  any  tribe.  Each  apportionment,  and  the 
division  into  representative  districts  by  any  Board  of  Super- 
visors, shall  remain  unaltered  until  the  return  of  another 
enumeration. 

Sec.  5.  Senators  and  Representatives  shall  be  citizens  of 
the  United  States,  and  qualified  electors  in  the  respective 
counties  and  districts  which  they  represent.  A  removal  from 
their  respective  counties  or  districts  shall  be  deemed  a  vaca- 
tion of  their  office. 

Sec.  6.     No  person  holding  any  office  under  tlie  United 


CONSTITUTION    OF    THE   SI  ATE.  I57 

States  [or  this  State],  or  any  county  office  except  Notaries 
Public,  officers  of  the  militia,  and  officers  elected  by  town- 
ships, shall  be  eligible  to,  or  have  a  seat  in  either  House  of 
the  Legislature ;  and  all  votes  given  for  any  such  person  shall 
be  void. 

Sec.  7.  Senators  and  Representatives  shall,  in  all  cases, 
except  treason,  felony,  or  breach  of  the  peace,  be  privileged 
from  arrest.  They  shall  not  be  subject  to  any  civil  pro- 
cess during  the  session  of  the  Legislature,  or  for  fifteen  days 
next  before  the  commencement  and  after  the  termination  of 
each  session ;  they  shall  not  be  questioned  in  any  other  place 
for  any  speech  in  either  House. 

Sec.  8.  A  majority  of  each  House  shall  constitute  a 
quorum  to  do  business ;  but  a  smaller  number  may  adjourn 
from  day  to  day,  and  compel  the  attendance  of  absent  mem- 
bers, in  such  manner  and  under  such  penalties  as  each  House 
may  prescribe. 

Sec.  9.  Each  House  shall  choose  its  own  officers,  deter- 
mine the  rules  of  its  proceedings,  and  judge  of  the  qualifica- 
tions, elections,  and  returns  of  its  members,  and  may,  with  the 
concurrence  of  two-thirds  of  all  the  members  elected,  expel 
a  member.  No  member  shall  be  expelled  a  second  time  for 
same  cause,  nor  for  any  cause  known  to  his  constituents  ante- 
cedent to  his  election ;  the  reason  for  such  expulsion  shall  be 
entered  upon  the  journal,  with  the  names  of  the  members 
voting  on  the  question. 

Sec.  10.  Each  House  shall  keep  a  journal  of  its  proceed- 
ings and  publish  the  same,  except  such  parts  as  may  require 
secrecy.  The  yeas  and  nays  of  the  members  of  either  House, 
on  any  question,  shall  be  entered  on  the  journal  at  the  request 
of  one-fifth  of  the  members  elected.     Any  member  of  either 


158  CIVIL    GOVERNMENT. 

House  may  dissent  from  and  protest  against  any  act,  pro- 
ceeding, or  resolution  which  he  may  deem  injurious  to  any 
person  or  the  pubHc,  and  have  the  reason  of  his  dissent 
entered  on  the  journal. 

Sec.  II.  In  all  elections  by  either  House,  or  in  joint 
convention,  the  votes  shall  be  given  viva  voce.  All  votes 
on  nominations  to  the  Senate  shall  be  taken  by  yeas  and 
nays,  and  published  with  the  journal  of  its  proceedings. 

Sec  12.  The  doors  of  each  House  shall  be  open,  unless 
the  public  welfare  require  secrecy.  Neither  House  shall, 
without  consent  of  the  other,  adjourn  for  more  than  three 
days,  nor  to  any  other  place  than  where  the  Legislature 
may  then  be  in  session. 

Sec.  13.  Bills  may  originate  in  either  House  of  the 
Legislature. 

Sec.  14.  Every  bill  and  concurrent  resolution,  except  of 
adjournment,  passed  by  the  Legislature,  shall  be  presented  to 
the  Governor  before  it  becomes  a  law.  If  he  approve,  he 
shall  sign  it ;  but  if  not,  he  shall  retiun  it,  with  his  objections, 
to  the  House  in  which  it  originated,  which  shall  enter  the 
objections  at  large  upon  their  journal,  and  reconsider  it.  On 
such  reconsideration,  if  two-thirds  of  the  members  elected 
agree  to  pass  the  bill,  it  shall  be  sent,  with  the  objections,  to 
the  other  House,  by  which  it  shall  be  reconsidered.  If 
approved  by  two-thirds  of  the  members  elected  to  that  House, 
it  shall  become  a  law.  In  such  case  the  vote  of  both  Houses 
shall  be  determined  by  yeas  and  nays ;  and  the  names  of  the 
members  voting  for  and  against  the  bill  shall  be  entered  on 
the  journals  of  each  House  respectively.  If  any  bill  be  not 
returned  by  the  Governor  within  ten  days,  Sundays  excepted, 
after  it  has  been  presented  to  him,  the  same  shall  become  a 


CONSTITUTION   OF   THE   STATE.  1 59 

law,  in  like  manner  as  if  he  had  signed  it,  unless  the  Legisla- 
ture, by  their  adjournment,  prevent  its  return ;  in  which  case 
it  shall  not  become  a  law.  The  Governor  may  approve,  sign, 
and  file  in  the  office  of  the  Secretary  of  State,  within  five 
days  after  the  adjournment  of  the  Legislature,  any  act  passed 
during  the  last  five  days  of  the  session,  and  the  same  shall 
become  a  law. 

Sec.  15.  [The  compensation  of  the  members  of  the  Leg- 
islature shall  be  three  dollars  per  day  for  actual  attendance, 
and  when  absent  on  account  of  sickness,  but  the  Legislature 
may  allow  extra  compensation  to  the  members  from  the  terri- 
tory of  the  Upper  Peninsula,  not  exceeding  two  dollars  per 
day  during  the  session.*]  When  convened  in  extra  session, 
their  compensation  shall  be  three  dollars  per  day  for  the  first 
twenty  days,  and  nothing  thereafter ;  and  they  shall  legislate 
on  no  other  subjects  than  those  expressly  stated  in  the  Gover- 
nor's proclamation,  or  submitted  to  them  by  special  message. 
They  shall  be  entitled  to  ten  cents,  and  no  more,  for  every 
mile  actually  traveled,  in  going  to  and  returning  from  the  place 
of  meeting,  on  the  usually  traveled  route ;  and  for  stationery 
and  newspapers,  not  exceeding  five  dollars  for  each  member 
during  any  session.  Each  member  shall  be  entitled  to  one 
copy  of  the  laws,  journals,  and  documents  of  the  Legislature 
of  which  he  was  a  member ;  but  shall  not  receive,  at  the 
expense  of  the  State,  books,  newspapers,  or  other  perquisites 
of  office,  not  expressly  authorized  by  this  Constitution. 

Sec.  16.  The  Legislature  may  provide  by  law  for  the  pay 
ment  of  postage  on  all  mailable  matter  received  by  its  mem- 
bers and  officers  during  the  sessions  of  the  Legislature,  but 
not  on  any  sent  or  mailed  by  them. 

*Ainendment  adopted  by  the  Legislature  of  13")0.  approved  by  the  people  in  I8fi6. 


[6o  CIVIL    GOVERNMENT. 


Sec.  17.  The  President  of  the  Senate  and  the  Speaker  of 
the  House  of  Representatives  shall  be  entitled  to  the  same 
per  diem  compensation  and  mileage  as  members  of  the  Legis- 
lature, and  no  more. 

Sec.  18.  No  person  elected  a  member  of  the  Legislature 
shall  receive  any  civil  appointment  within  this  State,  or  to  the 
Senate  of  the  United  States,  from  the  Governor,  the  Governor 
and  Senate,  from  the  Legislature,  or  any  other  State  authority, 
during  the  term  for  which  he  is  elected.  All  such  appoint- 
ments, and  all  votes  given  for  any  person  so  elected  for  any 
such  office  or  appointment,  shall  be  void.  No  member  of 
the  Legislature  shall  be  interested,  directly  or  indirectly,  in 
any  contract  with  the  State,  or  any  county  thereof,  authorized 
by  any  law  passed  during  the  time  for  which  he  is  elected, 
nor  for  one  year  thereafter. 

Sec.  19.  Every  bill  and  joint  resolution  shall  be  read 
three  times  in  each  House  before  the  final  passage  thereof. 
No  bill  or  joint  resolution  shall  become  a  law  without  the 
concurrence  of  the  majority  of  all  the  members  elected  .to 
each  House.  On  the  final  passage  of  all  bills,  the  vote  shall 
be  by  ayes  and  nays,  and  entered  on  the  journal. 

Sec.  20.  No  law  shall  embrace  more  than  one  object, 
which  will  be  expressed  in  its  title.  No  public  act  shall  take 
effect  or  be  in  force  until  the  expiration  of  ninety  days  from 
the  end  of  the  session  at  which  the  same  is  passed,  unless  the 
Legislature  shall  otherwise  direct  by  a  two-thirds  vote  of  the 
members  elected  to  each  House. 

Sec.  21.  The  Legislature  shall  not  grant  nor  authorize 
extra  compensation  to  any  public  officer,  agent,  or  contractor, 
after  the  service  has  been  rendered  or  the  contract  entered 
into. 


CONSTITUTION    OF    THE   STATE.  l5l 

Sec.  2  2.  The  Legislature  shall  provide  by  law,  that  the 
furnishing  of  fuel  and  stationery  for  the  use  of  the  State,  the 
printing  and  binding  the  laws  and  journals,  all  blanks,  paper, 
and  printing  for  the  executive  departments,  and  all  other 
printing  ordered  by  the  Legislature,  shall  be  let  by  contract 
to  the  lowest  bidder  or  bidders,  who  shall  give  adequate  and 
satisfactory  security  for  the  performance  thereof.  The  Legis- 
lature shall  prescribe  by  law  the  manner  in  which  the  State 
printing  shall  be  executed,  and  the  accounts  rendered  therefor; 
and  shall  prohibit  all  charges  for  constructive  labor.  They 
shall  not  rescind  nor  alter  such  contract,  nor  release  the  per- 
son or  persons  taking  the  same,  or  his  or  their  sureties,  from 
the  performance  of  any  of  the  conditions  of  the  contract. 
No  member  of  the  Legislature,  nor  officer  of  the  State,  shall 
be  interested,  directly  or  indirectly,  in  any  such  contract. 

Sec.  23.  The  Legislature  shall  not  authorize  by  private 
or  special  law,  the  sale  or  conveyance  of  any  real  estate 
belonging  to  any  person ;  nor  vacate  nor  alter  any  road  laid 
out  by  commissioners  of  highways,  or  any  street  in  any  city 
or  village,  or  in  any  recorded  town  plat. 

Sec.  24.  The  Legislature  may  authorize  the  employment 
of  a  chaplain  for  the  State  Prison ;  but  no  money  shall  be 
appropriated  for  the  payment  of  any  religious  services  in 
either  House  of  the  Legislature. 

Sec.  25.  No  law  shall  be  revised,  altered,  or  amended,  by 
reference  to  its  title  only ;  but  the  act  revised,  and  the  section 
or  sections  of  the  act  altered  or  amended,  shall  be  re-enacted 
and  published  at  length. 

Sec.  26.  Divorces  shall  not  be  granted  by  the  Legisla- 
ture. 

Sec.  27.  The  Legislature  shall  not  authorize  any  lottery, 
nor  permit  the  sale  of  lottery  tickets. 


1 62  CIVIL   GOVERNMENT. 

Sec.  28.  [No  new  bill  shall  be  introduced  into  either 
House  of  the  Legislature  after  the  first  fifty  days  of  a  session 
shall  have  expired.*] 

Sec.  29.  In  case  of  a  contested  election,  the  person  only 
shall  receive  from  the  State  per  diem  compensation  and  mile- 
age who  is  declared  to  be  entitled  to  a  seat  by  the  House  in 
which  the  contest  takes  place. 

Sec.  30.  No  collector,  holder,  nor  disburser  of  public. 
moneys  shall  have  a  seat  in  the  Legislature,  or  be  eligible  to 
any  office  of  trust  or"  profit  under  this  State,  until  he  shall 
have  accounted  for  and  paid  over,  as  provided  by  law,  all 
sums  for  which  he  may  be  liable. 

Sec.  31.  The  Legislature  shall  not  audit  nor  allow  any 
private  claim  or  account. 

Sec  32.  The  Legislature,  on  the  day  of  final  adjourn- 
ment, shall  adjourn  at  twelve  o'clock  at  noon. 

Sec.  33.  [The  Legislature  shall  meet  at  the  seat  of  gov- 
ernment, on  the  first  Wednesday  in  January,  in  the  year  one 
thousand  eight  hundred  and  sixty-one,  and  on  the  first  Wed- 
nesday in  January  in  every  second  year  thereafter,  and  at  no 
other  place  or  time,  unless  as  provided  in  the  Constitution  of 
the  State,  and  shall  adjourn  without  day  at  such  time  as  the 
Legislature  shall  fix  by  concurrent  resolution. f] 

Sec.  34.  The  election  of  Senators  and  Representatives, 
pursuant  to  the  provisions  of  this  Constitution,  shall  be  held 
on  the  Tuesday  succeeding  the  first  Monday  of  November,  in 
the  year  one  thousand  eight  hundred  and  fifty-two,  and  on 

•  Amendment  adopted  by  the  Legislature  of  1859,  approved  by  the  people  at  the 
general  election  of  1860. 

t  Amendment  adopted  by  the  Legislature  of  1859,  approved  by  the  people  at  the 
general  election  of  1860. 


CONSTITUTION   OF   THE   STATE.  IO3 

the  Tuesday  succeeding  the  first  Monday  of  November  of 
every  second  year  thereafter. 

Sec.  35.  The  Legislature  shall  not  establish  a  State  paper. 
Every  newspaper  in  the  State  which  shall  publish  all  the  gen- 
eral laws  of  any  session,  within  forty  days  of  their  passage, 
shall  be  entitled  to  receive  a  sum  not  exceeding  fifteen  dollars 
therefor. 

Sec.  36.  The  Legislature  shall  provide  for  the  speedy 
publication  of  all  statute  laws  of  a  public  nature,  and  of 
such  judicial  decisions  as  it  may  deem  expedient.  All  laws 
and  judicial  decisions  shall  be  free  for  publication  by  any  per- 
son. 

Sec.  37.  The  Legislature  may  declare  the  cases  in  which 
any  office  shall  be  deemed  vacant,  and  also  the  manner  of 
filling  the  vacancy,  where  no  provision  is  made  for  that  pur- 
pose in  this  Constitution. 

Sec.  38.  The  Legislature  may  confer  upon  organized 
townships,  incorporated  cities  and  villages,  and  upon  the 
Board  of  Supervisors  of  the  several  counties,  such  powers  of 
local,  legislative,  and  administrative  character  as  they  may 
deem  proper. 

Sec.  39.  The  Legislature  shall  pass  no  law  to  prevent  any 
person  from  worshiping  Almighty  God  according  to  the  dic- 
tates of  his  own  conscience;  or  to  compel  any  person  to 
attend,  erect,  or  support  any  place  of  religious  worship,  or 
pay  tithes,  taxes,  or  other  rates,  for  the  support  of  any  minister 
of  the  gospel,  or  teacher  of  religion. 

Sec.  40.  No  money  shall  be  appropriated  or  drawn  from 
the  treasury  for  the  benefit  of  any  religious  sect  or  society, 
theological  or  religious  seminary ;  nor  shall  property  belong- 
ing to  the  State  be  appropriated  for  any  such  purpose. 


l64  CIVIL   GOVERNMENT. 


Sec.  41.  The  Legislature  shall  not  diminish  or  enlarge 
the  civil  or  political  rights,  privileges,  and  capacities  of  any 
person  on  account  of  his  opinion  or  belief  concerning  matters 
of  religion. 

Sec.  42.  No  law  shall  ever  be  passed  to  restrain  or  abridge 
the  liberty  of  speech  or  of  the  press ;  but  every  person  may 
freely  speak,  write,  and  publish  his  sentiments  on  all  subjects, 
being  responsible  for  the  abuse  of  such  right. 

Sec.  43.  The  Legislature  shall  pass  no  bill  of  attainder, 
rx  post  facto  law,  or  law  impairing  the  obligation  of  contracts. 

Sec.  44.  The  privilege  of  the  writ  of  habeas  corpus 
remains,  and  shall  not  be  suspended  by  the  Legislature, 
except,  in  case  of  rebellion  or  invasion,  the  public  safety 
require  it. 

Sec.  45.  The  assent  of  two-thirds  of  the  members  elected 
to  each  House  of  the  Legislature  shall  be  requisite  to  every 
bill  appropriating  the  public  money  or  property  for  local  or 
private  purposes. 

Sec.  46.  The  Legislature  may  authorize  a  trial  by  jury  of 
a  less  number  than  twelve  men. 

Sec.  47.  * 

Sec.  48.  The  style  of  the  laws  shall  be,  "The  people  of 
the  State  of  Michigan  enact." 

ARTICLE  V. 

executive  department. 

Sec.  I.  The  Executive  power  is  vested  in  a  Governor, 
who  shall  hold  his  office  for  two  years.  A  Lieutenant  Gover- 
nor shall  be  chosen  for  the  same  term. 

•  By  amendment  proposed  by  the  Legislature  of  1875,  and  approved  by  the  people 
at  the  general  election  of  1876,  Section  47,  Article  IV.   was  stricken  out. 


CONSTITUTION    OF   THE    STATE.  1 65 

Sec.  2.  No  person  shall  be  eligible  to  the  office  of  Gover- 
ernor  or  Lieutenant  Governor  who  has  not  been  five  years  a 
citizen  of  the  United  States,  and  a  resident  of  this  State  two 
years  next  preceding  his  election ;  nor  shall  any  person  be 
eligible  to  either  office  who  has  not  attained  the  age  of  thirty 
years. 

Sec.  3.  The  Governor  and  Lieutenant  Governor  shall  be 
elected  at  the  times  and  places  of  choosing  the  members  of 
the  Legislature.  The  person  having  the  highest  number  of 
votes  for  Governor  or  Lieutenant  Governor  shall  be  elected. 
In  case  two  or  more  persons  shall  have  an  equal  and  the  high- 
est number  of  votes  for  Governor  or  Lieutenant  Governor, 
the  Legislature  shall,  by  joint  vote,  choose  one  of  such  per- 
sons. 

Sec.  4.  The  Governor  shall  be  Commander-in-Chief  of 
the  military  and  naval  forces ;  and  may  call  out  such  forces 
to  execute  the  laws,  to  suppress  insurrections,  and  to  repel 
invasion. 

Sec.  5.  He  shall  transact  all  necessary  business  with  offi- 
cers of  government,  and  may  require  information,  in  writing, 
from  the  officers  of  the  executive  department,  upon  any  sub- 
ject relating  to  the  duties  of  their  respective  offices. 

Sec.  6.  He  shall  take  care  that  the  laws  be  faithfully 
executed. 

Sec.  7.  He  may  convene  the  Legislature  on  extraordinary 
occasions. 

Sec.  8.  He  shall  give  to  the  Legislature,  and  at  the  close 
of  his  official  term  to  the  next  Legislature,  information,  by 
message,  of  the  condition  of  the  State,  and  recommend  such 
measures  to  them  as  he  shall  deem  expedient. 

Sec.  9.     He  may  convene  the  Legislature  at  some  other 


l66  CIVIL   GOVERNMENT, 


place,  when  the  seat  of  government  becomes  dangerous  from 
disease  or  a  common  enemy. 

Sec.  io.  He  shall  issue  writs  of  election  to  fill  such 
vacancies  as  occur  in  the  Senate  or  House  of  Representatives. 

Sec.  II.  He  may  grant  reprieves,  commutations,  and 
pardons,  after  convictions,  for  all  offenses  except  treason  and 
cases  of  impeachment,  upon  such  conditions,  and  with  such 
restrictions  and  limitations,  as  he  may  think  proper,  subject  to 
regulations  provided  by  law,  relative  to  the  manner  of  apply- 
ing for  pardons.  Upon  conviction  for  treason,  he  may  sus- 
pend the  execution  of  the  sentence  until  the  case  shall  be 
reported  to  the  Legislature  at  its  next  session,  when  the  Legis- 
lature shall  either  pardon  or  commute  the  sentence,  direct  the 
execution  of  the  sentence,  or  grant  a  further  reprieve.  He 
shall  communicate  to  the  Legislature  at  each  session,  informa- 
tion of  each  case  of  reprieve,  commutation,  or  pardon  granted, 
and  the  reason  therefor. 

Sec.  12.  In  case  of  the  impeachment  of  the  Governor, 
his  removal  from  office,  death,  inability,  resignation,  or 
absence  from  the  State,  the  powers  and  duties  of  the  office 
shall  devolve  upon  the  Lieutenant  Governor  for  the  residue  of 
the  term,  or  until  the  disability  ceases.  When  the  Governor 
shall  be  out  of  the  State  in  time  of  war,  at  the  head  of  a  mili- 
tary force  thereof,  he  shall  continue  Commander-in-Chief  of 
all  the  military  force  of  the  State. 

Sec.  13.  During  a  vacancy  in  the  office  of  Governor,  if 
the  Lieutenant  Governor  die,  resign,  be  impeached,  displaced, 
be  incapable  of  performing  the  duties  of  his  office,  or  absent 
from  the  State,  the  President  pro  tempore  of  the  Senate  shall 
act  as  Governor,  until  the  vacancy  be  filled,  or  the  disability 
cease. 


CONSTITUTION    OF    THE    STATE.  1 67 

Sec.  14.  The  Lieutenant  Governor  shall,  by  virtue  of  his 
office,  be  President  of  the  Senate.  In  committee  of  the  whole 
he  may  debate  all  questions ;  and  when  there  is  an  equal  divi- 
sion, he  shall  give  the  casting  vote. 

Sec.  15.  No  member  of  Congress,  nor  any  person  hold- 
ing office  under  the  United  States,  or  this  State,  shall  execute 
the  office  of  Governor, 

Sec.  16.  No  person  elected  Governor  or  Lieutenant  Gov- 
ernor shall  be  eligible  to  any  office  or  appointment  from  the 
Legislature,  or  either  House  thereof,  during  the  time  for  which 
he  was  elected.  All  votes  for  either  of  them,  for  any  such 
office,  shall  be  void. 

Sec.  17.  The  Lieutenant  [Governor]  and  President  of 
the  Senate  pro  tempore,  when  performing  the  duties  of  Gover- 
nor, shall  receive  the  same  compensation  as  the  Governor. 

Sec.  18.  All  official  acts  of  the  Governor,  his  approval 
of  the  laws  excepted,  shall  be  authenticated  by  the  great  seal 
of  the  State,  which  shall  be  kept  by  the  Secretary  of  State. 

Sec.  19.  All  commissions  issued  to  persons  holding 
office  under  the  provisions  of  this  Constitution,  shall  be  in 
the  name  and  by  the  authority  of  the  people  of  the  State  of 
Michigan,  sealed  with  the  great  seal  of  the  State,  signed  by 
the  Governor,  and  countersigned  by  the  Secretary  of  State. 

ARTICLE  VI. 

JUDICIAL  DEPARTMENT. 

Sec.  I.    The  Judicial  power  is  vested  in  one  Supreme 
Court,  in  Circuit  Courts,  in  Probate  Courts,  and  in  Justices  of 
the  Peace.  Municipal  Courts,  of  civil  and  criminal  jurisdiction 
may  be  established  by  the  Legislature  in  cities. 


1 58  CIVIL   GOVERNMENT. 


Sec.  2.  For  the  term  of  six  years  and  thereafter,  until 
the  Legislature  otherwise  provide,  the  Judges  of  the  several 
Circuit  Courts  shall  be  Judges  of  the  Supreme  Court,  four  of 
whom  shall  constitute  a  quorum.  A  concurrence  of  three 
shall  be  necessary  to  a  final  decision.  After  six  years  the 
Legislature  may  provide  by  law  for  the  organization  of  a 
Supreme  Court,  with  the  jurisdiction  and  powers  prescribed 
in  this  Constitution,  to  consist  of  one  Chief  Justice  and  three 
Associate  Justices,  to  be  chosen  by  the  electors  of  the  State. 
Such  Supreme  Court,  when  so  organized,  shall  not  be  changed 
or  discontinued  by  the  Legislature  for  eight  years  thereafter. 
The  Judges  thereof  shall  be  so  classified  that  but  one  of  them 
shall  go  out  of  office  at  the  same  time.  Their  term  of  office 
shall  be  eight  years. 

Sec.  3.  The  Supreme  Court  shall  have  a  general  superin- 
tending control  over  all  inferior  courts,  and  shall  have  power 
to  issue  writs  of  error,  habeas  corpus,  mandamus,  quo  warranto , 
procedendo,  and  other  original  and  remedial  writs,  and  to 
hear  and  determine  the  same.  In  all  other  cases  it  shall  have 
appellate  jurisdiction  only. 

Sec.  4.  Four  terms  of  the  Supreme  Court  shall  be  held 
annually,  at  such  times  and  places  as  may  be  designated  by 
law. 

Sec.  5,  The  Supreme  Court  shall,  by  general  rules,  estab- 
lish, modify,  and  amend  the  practice  in  such  court  and  in  the 
Circuit  Courts,  and  simplify  the  same.  The  Legislature  shall, 
as  far  as  practicable,  abolish  distinctions  between  law  and  equity 
proceedings.     The  office  of  master  in  chancery  is  prohibited. 

Sec.  6.  The  State  shall  be  divided  into  eight  judicial 
circuits ;  in  each  of  which  the  electors  thereof  shall  elect  one 
Circuit  Judge,  who  shall  hold  his  office  for  the  term  of  six 


CONSTITUTION    OF   THE   STATE.  1 69 

years,  and  until  his  successor  is  elected  and  qualified. 

Sec.  7.  The  Legislature  may  alter  the  limits  of  circuits, 
or  increase  the  number  of  the  same.  No  alteration  or  increase 
shall  have  the  effect  to  remove  a  Judge  from  office.  In 
every  additional  circuit  established,  the  Judge  shall  be  elected 
by  the  electors  of  such  circuit,  and  his  term  of  office  shall 
continue,  as  provided  in  this  Constitution  for  Judges  of  the 
Circuit  Court. 

Sec  8.  The  Circuit  Courts  shall  have  original  jurisdiction 
in  all  matters,  civil  and  criminal,  not  excepted  in  this  Consti- 
tution, and  not  prohibited  by  law;  and  appellate  jurisdiction 
from  all  inferior  courts  and  tribunals,  and  a  supervisory  con- 
trol of  the  same.  They  shall  also  have  power  to  issue  writs 
of  habeas  corpus,  mandamus^  injunction,  quo  warranto,  certi- 
orari, and  other  writs  necessary  to  carry  into  effect  their 
orders,  judgments,  and  decrees,  and  give  them  a  general 
control  over  inferior  courts  and  tribunals  within  their  respec- 
tive jurisdictions. 

Sec.  9.  Each  of  the  Judges  of  the  Circuit  Courts  shall 
receive  a  salary,  payable  quarterly.  They  shall  be  ineligii  le 
to  any  other  than  a  judicial  office  during  the  term  for  which 
they  are  elected,  and  for  one  year  thereafter.  All  votes  for 
any  person  elected  such  Judge,  for  any  office  other  than  judi- 
cial, given  either  by  the  Legislature  or  the  people,  shall  be 
void. 

Sec.  10.  The  Supreme  Court  may  appoint  a  Reporter  of 
its  decisions.  The  decisions  of  the  Supreme  Court  shall  be 
in  writing,  and  signed  by  the  Judges  concurring  therein. 
Any  Judge  dissenting  therefrom  shall  give  the  reasons  of  such 
dissent  in  writing,  under  his  signature.  All  such  opinions 
shall  be  filed  in  the  office  of  the  Clerk  of  the  Supreme  Court. 


lyO  CIVIL   GOVERNMENT. 


The  Judges  of  the  Circuit  Court,  within  their  respective 
jurisdictions,  may  fill  vacancies  in  the  office  of  County  Clerk 
and  of  Prosecuting  Attorney ;  but  no  Judge  of  the  Supreme 
Court,  or  Circuit  Court,  shall  exercise  any  other  power  of 
appointment  to  public  office. 

Sec.  II.  A  Circuit  Court  shall  be  held  at  least  twice  in 
each  year  in  every  county  organized  for  judicial  purposes,  and 
four  times  in  each  year  in  counties  containing  ten  thousand 
inhabitants.  Judges  of  the  Circuit  Court  may  hold  courts  for 
each  other,  and  shall  do  so  when  required  by  law. 

Sec.  12.  The  Clerk  of  each  county  organized  for  judicial 
purposes,  shall  be  the  clerk  of  the  Circuit  Court  of  such  county, 
and  of  the  Supreme  Court  when  held  within  the  same. 

Sec.  13.  In  each  of  the  counties  organized  for  judicial 
purposes,  there  shall  be  a  Court  of  Probate.  The  Judge  of 
such  court  shall  be  elected  by  the  electors  of  the  county  in 
which  he  resides,  and  shall  hold  his  office  for  four  years,  and 
until  his  successor  is  elected  and  qualified.  The  jurisdiction, 
powers,  and  duties  of  such  court  shall  be  prescribed  by  law. 

Sec.  14.  When  a  vacancy  occurs  in  the  office  of  Judge 
of  the  Supreme,  Circuit,  or  Probate  Court,  it  shall  be  filled 
by  appointment  of  the  Governor,  which  shall  continue  until 
a  successor  is  elected  and  qualified.  When  elected,  such  suc- 
cessor shall  hold  his  office  the  residue  of  the  unexpired  term. 

Sec.  15.  The  Supreme  Court,  the  Circuit  and  Probate 
Courts  of  each  county,  shall  be  Courts  of  Record,  and  shall 
each  have  a  common  seal. 

Sec.  16.  The  Legislature  may  provide  by  law  for  the 
election  of  one  or  more  persons  in  each  organized  county, 
who  may  be  vested  with  judicial  powers  not  exceeding  those 
of  a  Judge  of  a  Circuit  Court  at  Chambers. 


CONSTITUTION   OF  THE   STATE.  IJl 

Sec.  17.  There  shall  be  not  exceeding  four  Justices  of 
the  Peace  in  each  organized  township.  They  shall  be  elected 
by  the  electors  of  the  township,  and  shall  hold  their  offices  for 
four  years,  and  until  their  successors  are  elected  and  qualified. 
At  the  first  election  in  any  township,  they  shall  be  classified 
as  shall  be  prescribed  by  law.  A  Justice  elected  to  fill  a 
vacancy  shall  hold  his  office  for  the  residue  of  the  unexpired 
term.  The  Legislature  may  increase  the  number  of  Justices  in 
cities. 

Sec.  18.  In  civil  cases.  Justices  of  the  Peace  shall  have 
exclusive  jurisdiction  to  the  amount  of  one  hundred  dollars, 
and  concurrent  jurisdiction  to  the  amount  of  three  hundred 
dollars,  which  may  be  increased  to  five  hundred  dollars,  with 
such  exceptions  and  restrictions  as  may  be  provided  by  law. 
They  shall  also  have  such  criminal  jurisdiction,  and  perform 
such  duties,  as  shall  be  prescribed  by  the  Legislature. 

Sec.  19.  Judges  of  the  Supreme  Court,  Circuit  Judges, 
and  Justices  of  the  Peace  shall  be  conservators  of  the  peace 
within  their  respective  jurisdictions. 

Sec.  20.  The  first  election  of  Judges  of  the  Circuit  Court 
shall  be  held  on  the  first  Monday  in  April,  one  thousand  eight 
hundred  and  fifty-one,  and  every  sixth  year  thereafter.  When- 
ever an  additional  circuit  is  created,  provision  shall  be  made 
to  hold  the  subsequent  election  of  such  additional  Judge  at 
the  regular  elections  herein  provided. 

Sec.  21.  The  first  election  of  Judges  of  the  Probate 
Courts  shall  be  held  on  the  Tuesday  succeeding  the  first  Mon- 
day of  November,  one  thousand  eight  hundred  and  fifty-two, 
and  every  fourth  year  thereafter. 

Sec.  22.  Whenever  a  Judge  shall  remove  beyond  the 
limits  of  the  jurisdiction  for  which  he  was  elected,  or  a  Justice 


172  CIVIL   GOVERNMENT. 


of  the  Peace  from  the  township  in  which  he  was  elected,  or 
by  a  change  in  the  boundaries  of  such  township  shall  be 
placed  without  the  same,  they  shall  be  deemed  to  have  vacated 
their  respective  offices. 

Sec.  23.  The  Legislature  may  establish  Courts  of  Concili- 
ation, with  such  powers  and  duties  as  shall  be  prescribed  by 
law. 

Sec.  24.  Any  suitor  in  any  court  of  this  State  shall  have 
the  right  to  prosecute  or  defend  his  suit,  either  in  his  own 
proper  person,  or  by  an  attorney  or  agent  of  his  choice. 

Sec.  25.  In  all  prosecutions  for  libels,  the  truth  may  be 
given  in  evidence  to  the  jury;  and  if  it  shall  appear  to  the 
jury  that  the  matter  charged  as  libelous  is  true,  and  was  pub- 
lished with  good  motives  and  for  justifiable  ends,  the  party 
shall  be  acquitted.  The  jury  shall  have  the  right  to  determine 
the  law  and  the  fact. 

Sec.  26.  The  persons,  houses,  papers,  and  possessions  of 
every  person  shall  be  secure  from  unreasonable  searches  and 
seizures.  No  warrant  to  search  any  place  or  to  seize  any  per- 
son or  things,  shall  issue  without  describing  them,  nor  without 
probable  cause  supported  by  oath  or  affirmation. 

Sec.  27.  The  right  of  trial  by  jury  shall  remain,  but  shall 
be  deemed  to  be  waived  in  all  civil  cases,  unless  demanded 
by  one  of  the  parties  in  such  manner  as  shall  be  prescribed 
by  law. 

Sec.  28.  In  every  criminal  prosecution,  the  accused  shall 
have  the  right  to  a  speedy  and  public  trial  by  an  impartial 
jury,  which  may  consist  of  less  than  twelve  men  in  all  courts 
not  of  record ;  to  be  informed  of  the  nature  of  the  accusation; 
to  be  confronted  with  the  witnesses  against  him  ;  to  have 
compulsory  process  for  obtaining  witnesses  in  his  favor,  and 
have  the  assistance  of  counsel  for  his  defense. 


CONSTITUTION    OF   THE    STATE.  1 73 

Sec.  29.  No  person,  after  acquittal  upon  the  merits,  shall 
be  tried  for  the  same  offense.  All  persons  shall,  before  con- 
viction, be  bailable  by  sufficient  sureties,  except  for  murder 
and  treason,  when  the  proof  is  evident  or  the  presumption 
great. 

Sec.  30.  Treason  against  the  State  shall  consist  only  in 
levying  war  against  [it],  or  in  adhering  to  its  enemies,  giving 
them  aid  and  comfort.  No  person  shall  be  convicted  of  trea- 
son unless  upon  the  testimony  of  two  witnesses  to  the  same 
overt  act,  or  on  confession  in  open  court. 

Sec.  31.  Excessive  bail  shall  not  be  required;  excessive 
fines  shall  not  be  imposed;  cruel  or  unusual  punishments 
shall  not  be  inflicted;  nor  shall  witnesses  be  unreasonably 
detained. 

Sec.  32.  No  person  shall  be  compelled  in  any  criminal 
case  to  be  a  witness  against  himself,  nor  be  deprived  of  life, 
liberty,  or  property,  without  due  process  of  law. 

Sec.  33.  No  person  shall  be  imprisoned  for  debt,  arising 
out  of  or  founded  on  a  contract,  express  or  implied,  except  in 
cases  of  fraud,  or  breach  of  trust,  or  of  moneys  collected  by 
public  officers,  or  in  any  professional  employment.  No  per- 
son shall  be  imprisoned  for  a  militia  fine  in  time  of  peace. 

Sec.  34.  No  person  shall  be  rendered  incompetent  to  be 
a  witness  on  account  of  his  opinions  on  matters  of  religious 
belief. 

Sec.  35.  The  style  of  all  process  shall  be:  "In  the  name 
of  the  people  of  the  State  of  Michigan." 


174  CIVIL    GOVERNMENT. 


ARTICLE  VII. 

ELECTIONS. 

*Sec.  I.  In  all  elections,  every  male  citizen,  every  male 
inhabitant  residing  in  the  State  on  the  twenty-fourth  day  of 
June,  one  thousand  eight  hundred  and  thirty-five  ;  every  male 
inhabitant  residing  in  the  State  on  the  first  day  of  January, 
one  thousand  eight  hundred  and  fifty,  who  has  declared  his 
intention  to  become  a  citizen  of  the  United  States,  pursuant 
to  the  laws  thereof,  six  months  preceding  an  election,  or  who 
has  resided  in  this  State  two  years  and  six  months,  and 
declared  his  intention  as  aforesaid,  and  every  civilized  male 
inhabitant  of  Indian  descent,  a  native  of  the  United  States, 
and  not  a  member  of  any  tribe,  shall  be  an  elector,  and 
entitled  to  vote ;  but  no  citizen  or  inhabitant  shall  be  an  elec- 
tor or  entitled  to  vote  at  any  election,  unless  he  shall  be 
above  the  age  of  twenty-one  years,  and  has  resided  in  this 
State  three  months,  and  in  the  township  or  ward  in  which  he 
offers  to  vote,  ten  days  next  preceding  such  election  :  '\Fro- 
videdy  That  in  time  of  war,  insurrection,  or  rebellion,  no 
qualified  elector  in  the  actual  military  service  of  the  United 
States,  or  of  this  State,  in  the  army  and  navy  thereof,  shall 
be  deprived  of  his  vote  by  reason  of  his  absence  from  the 
township,  ward,  or  State  in  which  he  resides ;  and  the  Legis- 
lature shall  have  the  power,  and  shall  provide  the  manner  in 
which,  and  the  time  and  place  at  which,  such  absent  elec- 
tors may  vote,  and  for  the  canvas  sand  return  of  their  votes 

*By  amendment  proposed  by  the  Legislature  of  1869,  and  approved  by  the  people 
at  tne  general  election  of  1870,  the  word  "^  white,"  as  in  the  article  originally,  was 
stricken  out. 

tAmendment  proposed  by  the  Legislature  of  1865,  (Joint  Resolution  No.  26).  and 
approved  by  the  people  at  the  general  election  in  November,  1866,  by  a  majority  oi 
78,260. 


CONSTITUTION   OF   THE   STATE.  I75 

to  the  township  or  ward  election  district  in  which  they  respec- 
tively reside,  or  otherwise. 

Sec.  2.  All  votes  shall  be  given  by  ballot,  except  for  such 
township  officers  as  may  be  authorized  by  law  to,  be  otherwise 
chosen. 

Sec.  3.  Every  elector,  in  all  cases  except  treason,  felony, 
or  breach  of  the  peace,  shall  be  privileged  from  arrest  during 
his  attendance  at  election,  and  in  going  to  and  returning  from 
the  same. 

Sec.  4.  No  elector  shall  be  obliged  to  do  military  duty 
on  the  day  of  election,  except  in  time  of  war  or  public  dan- 
ger, or  attend  court  as  a  suitor  or  witness. 

Sec.  5.  No  elector  shall  be  deemed  to  have  gained  or  lost 
a  residence  by  reason  of  his  being  employed  in  the  service  of 
the  United  States,  or  of  this  State ;  nor  while  engaged  in  the 
navigation  of  the  waters  of  this  State,  or  of  the  United  States, 
or  of  the  high  seas;  nor  while  a  student  of  any  seminary  of 
learning ;  nor  while  kept  at  any  almshouse  or  other  asylum 
at  public  expense ;  nor  while  confined  in  any  public  prison. 

Sec.  6.  Laws  may  be  passed  to  preserve  the  purity  of 
elections,  and  guard  against  abuses  of  the  elective  franchise. 

Sec.  7.  No  soldier,  seaman,  nor  marine,  in  the  army  or 
navy  of  the  United  States,  shall  be  deemed  a  resident  of  this 
State  in  consequence  of  being  stationed  in  any  military  or 
naval  place  within  the  same. 

Sec.  8.  Any  inhabitant  who  may  hereafter  be  engaged  in 
a  duel,  either  as  principal  or  accessory  before  the  fact,  shall 
be  disqualified  from  holding  any  office  under  the  Constitution 
and  laws  of  this  State,  and  shall  not  be  permitted  to  vote  at 
any  election. 


T76  CIVIL   GOVERNMENT. 

ARTICLE  VIII. 

STATE  OFFICERS. 

Sec.  I.  There  shall  be  elected  at  each  general  biennial 
election  a  Secretary  of  State,  a  Superintendent  of  Public 
Instruction,  a  State  Treasurer,  a  Commissioner  of  the  Land 
Office,  an  Auditor  General,  and  an  Attorney  General,  for  the 
term  of  two  years.  They  shall  keep  their  offices  at  the  seat  of 
government,  and  shall  perform  such  duties  as  may  be  pres- 
cribed by  law. 

Sec.  2.  Their  term  of  office  shall  commence  on  the  first 
day  of  January,  one  thousand  eight  hundred  and  fifty-three, 
and  of  every  second  year  thereafter. 

Sec.  3.  Whenever  a  vacancy  shall  occur  in  any  of  the 
State  offices,  the  Governor  shall  fill  the  same  by  appointment, 
by  and  with  the  advice  and  consent  of  the  Senate,  if  in  ses- 
sion. 

Sec.  4.  The  Secretary  of  State,  State  Treasurer,  and 
Commissioner  of  the  State  Land  Office  shall  constitute  a 
Board  of  State  Auditors,  to  examine  and  adjust  all  claims 
against  the  State  not  otherwise  provided  for  by  general  law. 
They  shall  constitutea  Board  of  State  Canvassers  to  determine 
the  result  of  all  elections  for  Governor,  Lieutenant  Governor, 
and  State  officers,  and  of  such  other  officers  as  shall  by  law  be 
referred  to  them. 

Sec  5.  In  case  two  or  more  persons  have  an  equal  and 
the  highest  number  of  votes  for  any  office,  as  canvassed  by 
the  Board  of  State  Canvassers,  the  Legislature,  in  joint  con- 
\  ention,  shall  choose  one  of  said  persons  to  fill  such  office. 
When  the  determination  of  the  Board  of  State  Canvassers  is 
<  ontested,  the  Legislature,  in  joint  convention,  shall  decide 
which  person  is  elected. 


CONSTITUTION    OF   THE   STATE.  177 

ARTICLE  IX. 

SALARIES. 

Sec.  t.  The  Governor  shall  receive  an  annual  salary  of 
one  thousand  dollars ;  the  Judges  of  the  Circuit  Courts  shall 
each  receive  an  annual  salary  of  one  thousand  five  hundred 
dollars  ;  the  State  Treasurer  shall  receive  an  annual  salary  of 
one  thousand  dollars ;  the  Auditor  General  shall  receive  an 
annual  salary  of  one  thousand  dollars ;  the  Superintendent  of 
Public  Instruction  shall  receive  an  annual  salary  of  one  thou- 
sand dollars ;  the  Secretary  of  State  shall  receive  an  annual 
salary  of  eight  hundred  dollars ;  the  Commissioner  of  the 
Land  Office  shall  receive  an  annual  salary  of  eight  hundred 
dollars;  the  Attorney  General  shall  receive  an  annual  salary 
of  eight  hundred  dollars.  They  shall  receive  no  fees  or  per- 
quisites whatever  for  the  performance  of  any  duties  connected 
with  their  offices.  It  shall  not  be  competent  for  the  Legisla- 
ture to  increase  the  salaries  herein  provided. 

ARTICLE  X. 

COUNTIES. 

Sec.  1.  Each  organized  county  shall  be  a  body  corporate^ 
with  such  powers  and  immunities  as  shall  be  established  by 
law.  All  suits  and  proceedings  by  or  against  a  county  shall 
be  in  the  name  thereof. 

Sec.  2.  No  organized  county  shall  ever  be  reduced,  by 
the  organization  of  new  counties,  to  less  than  sixteen  townships, 
as  surveyed  by  the  United  States,  unless,  in  pursuance  of  law, 
a  majority  of  electors  residing  in  each  county  to  be  affected 
thereby  shall  so  decide.  The  Legislature  may  organize  any 
city  into  a  separate  county  when  it  has  attained  a  population 


178  CIVIL   GOVERNMENT. 


of  twenty  thousand  inhabitants,  without  reference  to  geogra- 
phical extent,  when  a  majority  of  the  electors  of  a  county  in 
which  such  city  may  be  situated,  voting  thereon,  shall  be  in 
favor  of  a  separate  organization. 

Sec.  3.  In  each  organized  county  there  shall  be  a  Sheriff, 
a  County  Clerk,  a  County  Treasurer,  a  Register  of  Deeds,  and 
a  Prosecuting  Attorney,  chosen  by  the  electors  thereof,  once 
in  two  years,  and  as  often  as  vacancies  shall  happen,  whose 
duties  and  powers  shall  be  prescribed  by  law.  The  Board  of 
Supervisors  in  any  county  may  unite  the  offices  of  County 
Clerk  and  Register  of  Deeds  in  one  office  or  disconnect  the 
same. 

Sec.  4.  The  Sheriff,  County  Clerk,  County  Treasurer, 
Judge  of  Probate,  and  Register  of  Deeds  shall  hold  their  offices 
at  the  county  seat. 

Sec.  5.  The  Sheriff  shall  hold  no  other  office,  and  shall 
be  incapable  of  holding  the  office  of  Sheriff  longer  than  four 
n  any  period  of  six  years.  He  may  be  required  by  law  to 
renew  his  security  from  time  to  time,  and  in  default  of  giving 
such  security,  his  office  shall  be  deemed  vacant.  The  county 
shall  never  be  responsible  for  his  acts. 

Sec.  6.  A  Board  of  Supervisors,  consisting  of  one  from 
each  organized  township,  shall  be  established  in  each  county, 
with  such  powers  as  shaM  be  prescribed  by  law. 

Sec.  7.  Cities  shall  have  such  representation  in  the  Board 
of  Supervisors  of  the  counties  in  which  they  are  situated,  as 
the  Legislature  may  direct. 

Sec.  8.  No  county  seat  once  established,  shall  be  removed 
until  the  place  to  which  it  is  proposed  to  be  removed  shall  be 
designated  by  two-thirds  of  the  Board  of  Supervisors  of  the 
county,  and  a  majority  of  the  electors  voting  thereon  shall 


CONSTITUTION    OF   THE   STATE.  1 79 

have  voted  in  favor  of  the  proposed  location,  in  such  manner 
as  shall  be  prescribed  by  law. 

Sec.  9.  The  Board  of  Supervisors  of  any  county  may  bor- 
row or  raise  by  tax  one  thousand  dollars,  for  constructing  or 
repairing  public  buildings,  highways,  or  bridges;  but  no 
greater  sum  shall  be  borrowed  or  raised  by  tax  for  such  pur- 
pose in  any  one  year,  unless  authorized  by  a  majority  of  the 
electors  of  such  county  voting  thereon. 

Sec.  10.  The  Board  of  Supervisors,  or  in  the  county  of 
Wayne  the  Board  of  County  Auditors,  shall  have  the  exclusive 
power  to  prescribe  and  fix  the  compensation  for  all  services 
rendered  for,  and  to  adjust  all  claims  against  their  respective 
counties ;  and  the  sum  so  fixed  or  defined  shall  be  subject  to 
no  appeal. 

Sec.  II.  The  Board  of  Supervisors  of  each  organized 
county  may  provide  for  laying  out  highways,  constructing 
bridges,  and  organizing  townships,  under  such  restrictions  and 
limitations  as  shall  be  prescribed  by  law, 

ARTICLE  XI. 

TOWNSHIPS. 

Sec.  I.  There  shall  be  elected  annually,  on  the  first  Mon 
(lay  of  April,  in  each  organized  township,  one  Supervisor,  one 
Township  Clerk,  who  shall  be  ex  officio  School  Inspector,  one 
Commissioner  of  Highways,  one  Township  Treasurer,  one 
School  Inspector,  not  exceeding  four  Constables,  and  one 
Overseer  of  Highways  for  each  highway  district,  whose  powers 
and  duties  shall  be  prescribed  by  law. 

Sec.  2.  Each  organized  township  shall  be  a  body  cor- 
porate, with  such  powers  and  immunities  as  shall  be  prescribed 


I  So  CIVIL   GOVFRNMENT. 


I)y  law.     All  suits  and  proceedings  by  or  against  a  township 
shall  be  in  the  name  thereof. 

ARTICLE  XIL 

IMPEACHMENTS   AND    REMOVALS    FROM   OFFICE. 

Sec.  I.  The  House  of  Representatives  shall  have  the  sole 
power  of  impeaching  civil  officers  for  cori-upt  conduct  in 
office»  or  for  crimes  and  misdemeanors ;  but  a  majority  of  the 
members  elected  shall  be  necessary  to  direct  an  impeachipent. 

Sec.  2,  Every  impeachment  shall  be  tried  by  the  Senate. 
When  the  Governor  or  Lieutenant  Governor  is  tried,  the 
Chief  Justice  of  the  Supreme  Court  shall  preside.  When  an 
impeachment  is  directed,  the  Senate  shall  take  an  oath  or 
affirmation,  truly  and  impartially  to  try  and  determine  the 
same  according  to  the  evidence.  No  person  shall  be  convicted 
without  the  concurrence  of  two-thirds  of  the  members  elected. 
Judgment  in  case  of  impeachment  shall  not  extend  further 
than  removal  from  office ;  but  the  party  convicted  shall  be 
liable  to  punishment  according  to  law. 

Sec.  3.  When  an  impeachment  is  directed,  the  House  of 
Representatives  shall  elect  from  their  own  body  three  members, 
whose  duty  it  shall  be  to  prosecute  such  impeachment.  No 
impeachment  shall  be  tried  until  the  final  adjournment  of  the 
Legislature,  when  the  Senate  shall  proceed  to  try  the  same. 

Sec.  4.  No  judicial  officer  shall  exercise  his  office  after 
an  impeachment  is  directed,  until  he  is  acquitted. 

Sec.  5.  The  Governor  may  make  a  provisional  appoint- 
ment to  a  vacancy  occasioned  by  the  suspension  of  an  officer 
until  he  shall  be  acquitted,  or  until  after  the  election  and  quali- 
fication of  a  successor. 


CONSTITUTION    OF   THE   STATE.  jgj 

Sec.  6.  For  reasonable  cause,  which  shall  not  be  sufficient 
ground  for  the  impeachment  of  a  Judge,  the  Governor  shall 
remove  him  on  a  concurrent  resolution  of  two-thirds  of  the 
members  elected  to  each  House  of  the  Legislature ;  but  the 
cause  for  which  such  removal  is  required  shall  be  stated  at 
length  in  such  resolution. 

Sec.  7.  The  Legislature  shall  provide  by  law  for  the 
removal  of  any  officer  elected  by  a  county,  township,  or 
school  district,  in  such  manner  and  for  such  cause  as  to  them 
shall  seem  just  and  proper, 

[Sec.  8.  The  Governor  shall  have  power,  and  it  shall  be 
his  duty,  except  at  such  time  as  the  Legislature  may  be  in 
ession,  to  examine  into  the  condition  and  administration  of 
any  public  office,  and  the  acts  of  any  public  officer,  elective  or 
appointed,  to  remove  from  office  for  gross  neglect  of  duty,  or 
for  corrupt  conduct  in  office,  or  any  other  misfeasance  or 
malfeasance  therein,  either  of  the  following  State  officers,  to 
wit:  The  Attorney  General,  State  Treasurer,  Commissioner 
of  the  Land  Qffice,  Secretary  of  State,  Auditor  General, 
Superintendent  of  Public  Instruction,  or  Members  of  the  State 
Board  of  Education,  or  any  other  officer  of  the  State,  except 
legislative  and  judicial,  elective  or  appointed,  and  to  appoint  a 
successor  for  the  remainder  of  their  respective  unexpired  term 
of  office,  and  report  the  causes  of  such  removal  to  the  Legis- 
lature at  its  next  session.*] 

*  Amendment  adopted   by  the  Legislature  of  1861,  approved  by    the   people  ai 
the  general  election  of  1862. 


l82  xJlVIL   GOVERNMENT. 


ARTICLE  XIII. 

EDUCATION. 

Sec.  I.  The  Superintendent  of  Public  Instruction  shall 
have  the  general  supervision  of  Public  Instruction,  and  his 
duties  shall  be  prescribed  by  law. 

Sec.  2.  The  proceeds  from  the  sales  of  all  lands  that 
have  been  or  hereafter  may  be  granted  by  the  United  States 
to  the  State  for  educational  purposes,  and  the  proceeds  of  all 
lands  or  other  property  given  by  individuals,  or  appropriated 
by  the  State  for  like  purposes,  shall  be  and  remain  a  perpetual 
fund,  the  interest  and  income  of  which,  together  with  the 
rents  of  all  such  lands  as  may  remain  unsold,  shall  be  inviola- 
bly appropriated  and  annually  applied  to  the  specific  objects 
of  the  original  gift,  grant,  or  appropriation. 

Sec.  3.  All  lands,  the  titles  of  which  shall  fail  from  a 
defect  of  heirs,  shall  escheat  to  the  State ;  and  the  interest 
on  the  clear  proceeds  from  the  sales  thereof  shall  be  appro- 
priated exclusively  to  the  support  of  primary  schools. 

Sec.  4.  The  Legislature  shall,  within  five  years  from  the 
adoption  of  this  Constitution,  provide  for  and  establish  a  sys- 
tem of  primary  schools,  whereby  a  school  shall  be  kept  with- 
out charge  for  tuition,  at  least  three  months  in  each  year,  in 
every  school  district  in  the  State ;  and  all  instruction  in  said 
schools  shall  be  conducted  in  the  English  language. 

Sec.  5.  A  school  shall  be  maintained  in  each  school  dis- 
trict, at  least  three  months  in  each  year.  Any  school  district 
•  eglecting  to  maintain  such  school  shall  be  deprived  for  the 
ensuing  year  of  its  proportion  of  the  income  of  the  primary 
-chool  fund,  and  of  all  funds  arising  from  taxes  for  the  sup- 
port of  schools. 


CONSTITUTION    OF   THE   STATE.  183 

Sec.  6.  [There  shall  be  elected  in  the  year  eighteen  hun- 
dred and  sixty-three,  at  the  time  of  the  election  of  a  Justice 
of  the  Supreme  Court,  eight  Regents  of  the  University,  two 
of  whom  shall  hold  their  office  for  two  years,  two  for  four 
years,  two  for  six  years,  and  two  for  eight  years.  They  shall 
enter  upon  the  duties  of  their  office  on  the  first  of  Jan- 
uary next  succeeding  their  election.  At  every  regular  election 
of  a  Justice  of  the  Supreme  Court  thereafter,  there  shall  be 
elected  two  Regents,  whose  term  of  office  shall  be  eight  years. 
When  a  vacancy  shall  occur  in  the  office  of  Regent,  it  shall 
be  filled  by  appointment  of  the  Governor.  The  Regents  thus 
elected  shall  constitute  the  Board  of  Regents  of  the  Univer- 
sity of  Michigan.*] 

Sec.  7.  The  Regents  of  the  University  and  their  succes- 
sors in  office  shall  continue  to  constitute  the  body  corporate 
known  by  the  name  and  title  of  **The  Regents  of  the  Uni- 
versity of  Michigan." 

Sec.  8.  The  Regents  of  the  University  shall,  at  their  first 
annual  meeting,  or  as  soon  thereafter  as  may  be,  elect  a  Presi- 
dent of  the  University,  who  shall  be  ex  officio  a  member  of 
their  Board,  with  the  privilege  of  speaking  but  not  of  voting. 
He  shall  preside  at  the  meetings  of  the  Regents,  and  be  the 
principal  executive  officer  of  the  University.  The  Board  of 
Regents  shall  have  the  general  supervision  of  the  University, 
and  the  direction  and  control  of  all  expenditures  from  the 
University  interest  fund. 

Sec.  9.  There  shall  be  elected  at  the  general  election  in 
the  year  one  thousand  eight  hundred  and  fifty-two,  three 
members  of  a  State  Board  of  Education;  one  for  two  years, 

^Amendment  adopted  by  the  Legislature  of  18C1,  approved  by  the  people  at 
the  general  electiou  of  1SC2. 


184  CIVIL   GOVERNMKNT. 


one  for  four  years,  and  one  for  six  years;  and  at  each  succeed- 
ing biennial  election  there  shall  be  elected  one  member  of 
such  Board,  who  shall  hold  his  office  for  six  years.  The 
Superintendent  of  Public  Instruction  shall  be  exofficio  a 
member  and  secretary  of  such  board.  The  board  shall  have 
the  general  supervision  of  the  State  Normal  School,  and  their 
duties  shall  be  prescribed  by  law. 

Sec.  10.  Institutions  for  the  benefit  of  those  inhabitants 
who  are  deaf,  dumb,  blind,  or  insane,  shall  always  be  fostered 
and  supported. 

Sec.  II.  The  Legislature  shall  encourage  the  promotion 
of  intellectual,  scientific,  and  agricultural  improvement ;  and 
shall,  as  soon  as  practicable,  provide  for  the  establishment  of 
an  Agricultural  School.  The  Legislature  may  appropriate  the 
twenty-two  sections  of  salt  spring  lands  now  unappropriated, 
or  the  money  arising  from  the  sale  of  the  same,  where  such 
lands  have  been  already  sold,  and  any  land  which  may  here- 
after be  granted  or  appropriated  for  such  purpose,  for  the  sup- 
port and  maintenance  of  such  school,  and  may  make  the  same 
a  branch  of  the  University,  for  instruction  in  agriculture  and 
the  natural  sciences  connected  therewith,  and  place  the  same 
under  the  supervision  of  the  Regents  of  the  University. 

Sec.  12.  The  Legislature  shall  also  provide  for  the  estab- 
lishment of  at  least  one  library  in  each  township;  and  all 
fines  assessed  and  collected  in  the  several  counties  and  town- 
ships, for  any  breach  of  the  penal  laws,  shall  be  exclusively 
applied  to  the  support  of  such  libraries. 


CONSTITUTION    OF    THE    STATE. 


■85 


ARTICLE  XIV. 

FINANCE  AND  TAXATION. 

Sec.  I.  All  specific  State  taxes,  except  those  received 
from  the  mining  companies  of  the  Upper  Peninsula,  shall  be 
applied  in  paying  the  interest  upon  the  primary  school,  Uni- 
versity, and  other  educational  funds,  and  the  interest  and 
principal  of  the  State  debt,  in  the  order  herein  recited,  until 
the  extinguishment  of  the  State  debt,  other  than  the  amounts 
due  to  educational  funds,  when  such  specific  taxes  shall  be 
added  to,  and  constitute  a  part  of,  the  primary  school  interest 
fund.  The  Legislature  shall  provide  for  an  annual  tax,  suffi- 
cient, with  other  resources,  to  pay  the  estimated  expenses  of 
the  State  government,  the  interest  of  the  State  debt,  and  such 
deficiency  as  may  occur  in  the  resources. 

Sec.  2.  The  Legislature  shall  provide  by  law  a  sinking 
fiind  of  at  least  twenty  thousand  dollars  a  year,  to  commence 
in  eighteen  hundred  and  fifty-two,  with  compound  interest  at 
the  rate  of  six  per  cent,  per  annum,  and  an  annual  increase  of 
at  least  five  per  cent.,  to  be  applied  solely  to  the  payment  and 
extinguishment  of  the  principal  of  the  State  debt,  other  than 
the  amounts  due  to  educational  funds,  and  shall  be  continued 
until  the  extinguishment  thereof.  The  unfunded  debt  shall 
not  be  funded  or  redeemed  at  a  value  exceeding  that  estab- 
lished by  law  in  one  thousand  eight  hundred  and  forty-eight. 

Sec.  3.  The  State  may  contract  debts  to  meet  deficits  in 
revenues.  Such  debts  shall  not,  in  the  aggregate,  at  any  one 
time,  exceed  fifty  thousand  dollars.  The  moneys  so  raised 
shall  be  applied  to  the  purposes  for  which  they  were  obtained^ 
or  to  the  payment  of  the  debts  so  contracted. 

Sec.  4.  The  State  may  contract  debts  to  repel  invasion, 
suppress  insurrection,  or  defend  the  State  in  time  of  war. 
13 


1 86  CIVIL    GOVERNMENT. 

The  money  arising  from  the  contracting  of  such  debts  shall 
be  applied  to  the  purposes  for  which  it  was  raised,  or  to  repay 
such  debts. 

Sec.  5.  No  money  shall  be  paid  out  of  the  treasury  except 
in  pursuance  of  appropriations  made  by  law. 

Sec.  6.  The  credit  of  the  State  shall  not  be  granted  to 
or  in  aid  of  any  person,  association,  or  corporation. 

Sec.  7.  No  scrip,  certificate,  or  other  evidence  of  State 
indebtedness  shall  be  issued,  except  for  the  redemption  of 
stock  previously  issued,  or  for  such  debts  as  are  expressly 
authorized  in  this  Constitution. 

Sec.  8.  The  State  shall  not  subscribe  to  or  be  interested 
in  the  stock  of  any  company,  association,  or  corporation. 

Sec.  9.  The  State  shall  not  be  a  party  to  or  interested  in 
any  work  of  internal  improvement,  nor  engaged  in  carrying 
on  any  such  work,  except  in  the  expenditure  of  grants  to  the 
State  of  land  or  other  property. 

Sec.  10.  The  State  may  continue  to  collect  all  specific 
taxes  accruing  to  the  treasury  under  existing  laws.  The  Leg- 
islature may  provide  for  the  collectiun.  of  specific  taxes,  from 
banking,  railroad,  plank-road,  and  other  corporations  hereaf- 
ter created. 

Sec.  II.  The  Legislature  shall  provide  an  uniform  rule  of 
taxation,  except  on  property  paying  specific  taxes;  and  taxes 
shall  be  levied  on  such  property  as  shall  be  prescribed  by  law. 

Sec.  1 2.  All  assessments  hereafter  authorized  shall  be  on 
property  at  its  cash  value. 

Sec.  13.  The  Legislature  shall  provide  for  an  equaliza- 
tion by  a  State  Board  in  the  year  one  thousand  eight  hundred 
and  fifty-one,  and  every  fifth  year  thereafter,  of  assessments 
on  all  taxable  property,  except  that  paying  specific  taxes. 


CONSTITUTION    OF   THE   STATE. 


Sec.  14.  Every  law  which  imposes,  continues,  or  revives 
a  tax,  shall  distinctly  state  the  tax  and  the  object  to  which  it 
is  to  be  applied ;  and  it  shall  not  be  sufficient  to  refer  to  any 
other  law  to  fix  such  tax  or  object. 

^  ARTICLE  XV. 

CORPORATIONS. 

[Sec.  I.  Corporations  may  be  formed  under  general  laws, 
but  shall  not  be  created  by  special  act,  except  for  municipal 
purposes.  All  laws  passed  pursuant  to  this  section  may  be 
amended,  altered,  or  repealed.  But  the  Legislature  may,  by 
a  vote  of  two-thirds  of  the  members  elected  to  each  House, 
create  a  single  bank  with  branches.*] 

[Sec  2.  No  general  banking  law  shall  have  effect  until 
the  same  shall,  after  its  passage,  be  submitted  to  a  vote  of  the 
electors  of  the  State  at  a  general  election,  and  be  approved 
by  a  majority  of  the  votes  cast  thereon  at  such  election. f] 

[Sec.  3.  The  officers  and  stockholders  of  every  corpora- 
tion or  association  for  banking  purposes,  issuing  bank  notes 
or  paper  credits,  to  circulate  as  money,  shall  be  individually 
liable  for  all  debts  contracted  during  the  term  oi  their  being 
officers  or  stockholders  of  such  corporation  or  association, 
equally  and  ratably,  to  the  extent  of  their  respective  shares  of 
stock  in  any  such  corporation  or  association.^] 

[Sec.  4.  For  all  banks  organized  under  general  laws,  the 
Legislature  shall  provide  for  the  registry  of  all  bills  or  notes 
issued  or  put  in  circulation  as  money,  and  shall  require  secu- 

*Amendment  adopted  by  the  Legislature  of  1881,  approved  by  the  people  at  the 
general  election  of  18G2, 

tAmendment  adopted  by  the  Legislature  of  1861,  approved  by  the  people  at  the 
general  election  of  ISC'*. 

tAmendment  adopted  by  the  Legislature  of  1851),  approved  by  the  people  at  the 
general  election  of  18(50. 


^38  CIVIL   GOVERNMENT. 


rity  to  the  full  amount  of  notes  and  bills  so  registered,  in 
State  or  United  States  stocks,  bearing  interest,  which  shall  be 
•deposited  with  the  State  Treasurer  for  the  redemption  of  such 
bills  or  notes,  in  specie.*] 

Sec.  5.  In  case  of  the  insolvency  of  any  bank  or  banking 
association,  the  bill  holders  thereof  shall  be  entitled  to  prefer- 
ence in  payment,  over  all  other  creditors  of  such  bank  or 
association. 

Sec.  6.  The  Legislature  shall  pass  no  law  authorizing  or 
sanctioning  the  suspension  of  specie  payments  by  any  person, 
association,  or  corporation. 

Sec.  7.  The  stockholders  of  all  corporations  and  joint 
stock  associations,  shall  be  individually  liable  for  all  labor 
performed  for  such  corporation  or  association. 

Sec.  8.  The  Legislature  shall  pass  no  law  altering  or 
amending  any  act  of  incorporation  heretofore  granted,  with- 
out the  assent  of  two-thirds  of  the  members  elected  to  each 
House ;  nor  shall  any  such  act  be  renewed  or  extended.  This 
i;estriction  shall  not  apply  to  municipal  corporations. 

Sec.  9.  The  property  of  no  person  shall  be  taken  by  any 
-corporation  for  public  use,  without  compensation  being  first 
made  or  secured,  in  such  manner  as  may  be  prescribed  by 
law. 

Sec.  10.  No  corporation,  except  for  municipal  purposes, 
or  for  the  construction  of  railroads,  plank-roads,  and  canals, 
shall  be  created  for  a  longer  time  than  thirty  years. 

Sec.  II.  The  term  *' corporation,"  as  used  in  the  pre- 
ceding sections  of  this  article,  shall  be  construed  to  include  all 
associations  and  joint  stock  companies  having  any  of  the 

'Amendment  adopted  by  the  Legislature  of  1861,  approved  by  the  people  at  genexal 
■election  of  1862, 


CONSTITUTION    OF   THE    STATE.  T89 

powers  or  privileges  of  corporations,  not  possessed  by  indi- 
viduals or  partnerships.  All  corporations  shall  have  the  right 
to  sue,  and  be  subject  to  be  sued-dn  all  courts,  in  like  cases  as 
natural  persons. 

Sec.  12.  No  corporation  shall  hold  any  real  estate  here- 
after acquired,  for  a  longer  period  than  ten  years,  except  such 
real  estate  as  shall  be  actually  required  by  such  corporations 
in  the  exercise  of  its  franchises. 

Sec.  13.  The  Legislature  shall  provide  for  the  incorpora- 
tion and  organization  of  cities  and  villages,  and  shall  restrict 
their  powers  of  taxation,  borrowing^money,  contracting  debts, 
and  loaning  their  credit. 

Sec.  14.  Judicial  officers  of  cities  and  villages  shall  be 
elected,  and  all  other  officers  shall  be  elected  or  appointed,  at 
such  time  and  in  such  manner  as  the  Legislature  may  direct. 

Sec.  15.  Private  property  shall  not  be  taken  for  public 
improvements  in  cities  and  villages  without  the  consent  of  the 
owner,  unless  the  compensation  therefor  shall  first  be  deter- 
mined by  a  jury  of  freeholders,  and  actually  paid  or  secured 
in  the  manner  provided  by  law. 

Sec.  16.  Previous  notice  of  any  application  for  an  alter- 
ation of  the  charter  of  any  corporation  shall  be  given  in  such 
manner  as  may  be  prescribed  by  law. 

ARTICLE  XVI. 

EXEMPTIONS. 

Sec.  1.  The  personal  property  of  every  resident  of  this 
State,  to  consist  of  such  property  only  as  shall  be  designated 
by  law,  shall  be  exempted  to  the  amount  of  not  less  than  five 
hundred  dollars,  from  sale  on  execution  or  other  final  process 
of  any  court,  issued  for  the  collection  of  any  debt  contracted 
aft«er  the  adoption  of  this  Constitution. 


190  CIVIL    GOVERNMENT. 

Sec.  2.  Every  homestead  of  not  exceeding  forty  acres  of 
land,  and  the  dwelling  house  thereon,  and  the  appurtenances, 
to  be  selected  by  the  owner  thereof,  and  not  included  in  any 
town  plat,  city,  or  village  ;  or,  instead  thereof,  at  the  option 
of  the  owner,  any  lot  in  any  city,  village,  or  recorded  town 
plat,  or  such  parts  of  lots  as  shall  be  equal  thereto,  and  the 
dwelling-house  thereon,  and  its  appurtenances,  owned  and 
occupied  by  any  resident  of  the  State,  not  exceeding  in  value 
fifteen  hundred  dollars,  shall  be  exempt  Irom  forced  sale  on 
execution,  or  any  other  final  process  from  a  court,  for  any 
debt  contracted  after  the  adoption  of  this  Constitudon.  Such 
exemption  shall  not  extend  to  any  mortgage  thereon,  lawfully 
obtained,  but  such  mortgage  or  other  alienation  of  such  land 
by  the  owner  thereof,  if  a  married  man,  shall  not  be  valid 
without  the  signature  of  the  wife  to  the  same. 

Sec.  3.  The  homestead  of  a  family,  after  the  death  of  the 
owner  thereof,  shall  be  exempt  from  the  payment  of  his  debts, 
contracted  after  the  adoption  of  this  Constitution,  in  all  cases,, 
during  the  minority  of  his  children. 

Sec  4.  If  the  owner  of  a  homestead  die,  leaving  a  widow, 
but  no  children,  the  same  shall  be  exempt,  and  the  rents  and 
profits  thereof  shall  accrue  to  her  benefit  during  the  time  of 
her  widowhood,  unless  she  be  the  owner  of  a  homestead  in 
her  own  right. 

Sec.  5.  The  real  and  personal  estate  of  every  female^ 
acquired  before  marriage,  and  all  property  to  which  she  may 
afterwards  become  entitled  by  gifts,  grant,  inheritance,  or 
devise,  shall  be  and  remain  the  estate  and  property  of  such 
female,  and  shall  not  be  liable  for  the  debts,  obligations,  or 
engagements  of  her  husband,  and  may  be  devised  or  bequeathed, 
by  her  as  if  she  were  unmarried. 


CONSTITUTION    OF   THE    STATE.  I9X 

ARTICLE  XVII. 

MILITIA. 

♦Sec.  I.  The  militia  shall  be  composed  of  all  able  bodtec  1 
male  citizens  between  the  ages  of  eighteen  and  forty-five 
years,  except  such  as  are  exempted  by  the  laws  of  the  United 
States,  or  of  this  State ;  but  all  such  citizens,  of  any  religious 
denomination  whatever,  who,  from  scruples  of  conscience, 
.may  be  averse  to  bearing  arms,  shall  be  excused  therefrom, 
upon  such  conditions  as  shall  be  prescribed  by  law. 

Sec.  2.  The  Legislature  shall  provide  by  law  for  organiz- 
ing, equipping,  and  disciplining  the  militia,  in  such  manner 
as  they  shall  deem  expedient,  not  incompatible  with  the  laws 
of  the  United  States. 

Sec.  3.  Officers  of  the  militia  shall  be  elected  or  ap- 
pointed, and  be  commissioned  in  such  manner  as  may  be 
provided  by  law. 

ARTICLE  XVIII. 
miscellaneous  provisions. 
Sec.  I.  Members  of  the  Legislature,  and  all  officers,  exec- 
utive and  judicial,  except  such  officers  as  may  by  law  be 
exempted,  shall,  before  they  enter  on  the  duties  of  their  respec- 
tive offices,  take  and  subscribe  the  following  oath  or  affirma- 
mation:  **I  do  solemnly  swear  (or  affirm)  that  I  will  support 
the  Constitution  of  the  United  States,  and  the  Constitution 
of  this  State,  and  that  I  will  faithfully  discharge  the  duties  of 

the  office according  to  the  best  of  my  ability.*' 

And  no  other  oath,  declaration,  or  test  shall  be  required  as  a 
qualification  for  any  office  or  public  trust. 

•  By  an  amendment  proposed  by  the  Legislature  of  1869,  and  approved  by  the  peo- 
ple at  the  general  election  of  1870,  the  word  "  white  "  was  stricken  out  of  this  section. 


192 


CIVIL    GOVERNMENT. 


Sec.  2.  When  private  property  is  taken  for  the  use  or 
l>enefit  of  the  public,  the  necessity  for  using  such  property,  and 
the  just  compensation  to  be  made  therefor,  except  Avhen  to 
be  made  by  the  State,  shall  be  ascertained  by  a  jury  of  twelve 
freeholders,  residing  in  the  vicinity  of  such  property,  or  by 
not  less  than  three  commissioners,  appointed  by  a  Court  of 
Record,  as  shall  be  prescribed  by  law.  {Provided^  The  forego- 
ing provision  shall  in  no  case  be  construed  to  apply  to  the 
action  of  commissioners  of  the  highways  in  the  official  dis- 
charge of  their  duties  as  Highway  Commissioners.*] 

Sec.  3.  No  mechanical  trade  shall  hereafter  be  taught  to 
convicts  of  the  State  Prison  of  this  State,  except  the  manu- 
facture of  those  articles  of  which  the  chief  supply  for  home 
■consumption  is  imported  from  other  States  or  countries. 

Sec,  4.  No  navigable  stream  in  this  State  shall  be  either 
abridged  or  dammed  without  authority  from  the  Board  of 
Supervisors  of  the  proper  county,  under  the  provisions  of  law. 
No  such  law  shall  prejudice  the  right  of  individuals  to  the 
free  navigation  of  such  streams,  or  preclude  the  State  from 
the  further  improvement  of  the  navigation  of  such  streams. 

Sec.  5.  An  accurate  statement  of  the  receipts  and  expen- 
"ditures  of  the  public  moneys  shall  be  attached  to  and  published 
with  the  laws  at  every  regular  session  of  the  Legislature. 

Sec.  6.  The  laws,  public  records,  and  the  written  judicial 
and  legislative  proceedings  of  the  State,  shall  be  conducted, 
promulgated,  and  preserved  in  the  English  language. 

Sec.  7.  Every  person  has  a  right  to  bear  arms  for  the 
<lefense  of  himself  and  the  State. 

Sec.  8.  The  military  shall,  in  all  cases,  aijd  at  all  times, 
be  in  strict  subordination  to  the  civil  power. 

♦Amendment  adopted  by  the  Legislature  of  1859,  approved  by  the  people  at 
<he  general  election  of  1860. 


CONSTITUTION    OF    THE   STATE.  I93 

Sec.  9.  No  soldier  shall,  in  time  of  peace,  be  quartered 
in  any  house  without  the  consent  of  the  owner  or  occupant, 
nor  in  time  of  war  except  in  a  manner  prescribed  by  law. 

Sec.  10.  The  people  have  the  right  peaceably  to  assemble 
together,  to  consult  for  the  common  good,  to  instruct  their 
Representatives,  and  to  petition  the  Legislature  for  redress  of 
grievances. 

Sec.  II.  Neither  slavery  nor  involuntary  servitude,  unless 
for  the  punishment  of  crime,  shall  ever  be  tolerated  in  this 
State. 

Sec.  12.  No  lease  or  grant  hereafter,  of  agricultural  land, 
for  a  longer  period  than  twelve  years,  reserving  any  rent  or 
service  of  any  kind,  shall  be  valid. 

Sec.  13.  Aliens  who  are,  or  who  may  hereafter  become, 
bona  fide  residents  of  this  State,  shall  enjoy  the  same  rights  in 
respect  to  the  possession,  enjoyment,  and  inheritance  of  prop- 
erty, as  native-born  citizens. 

Sec.  14.  The  property  of  no  person  shall  be  taken  for 
public  use  without  just  compensation  therefor.  Private  roads 
may  be  opened  in  the  manner  to  be  prescribed  by  law ;  but 
in  every  case  the  necessities  of  the  road,  and  the  amount  of 
all  damages  to  be  sustained  by  the  opening  thereof,  shall  be 
first  determined  by  a  jury  of  freeholders ;  and  such  amount, 
together  with  the  expenses  of  proceedings,  shall  be  paid  by 
the  person  or  persons  to  be  benefited. 

Sec.  15.  No  general  revision  of  the  laws  shall  hereafter 
be  made.  When  a  reprint  thereof  becomes  necessary,  the 
Legislature,  in  joint  convention,  shall  appoint  a  suitable  per- 
son to  collect  together  such  acts  and  parts  of  acts  as  are  in 
force,  and,  without  alteration,  arrange  them  under  appropriate 
heads  and  titles.     The  laws  so  arranged  shall  be  submitted  to 


r94  CIVIL   GOVERNMENT. 

two  commissioners,  appointed  by  the  Governor,  for  examina- 
tion, and  if  certified  by  them  to  be  a  correct  compilation  of  all 
general  laws  in  force,  shall  be  printed  in  such  manner  as  shall 
be  prescribed  by  law. 

ARTICLE  XIX. 

UPPER  PENINSULA.  ^ 

Sec.  I.  The  counties  of  Mackinac,  Chippewa,  Delta, 
Marquette,  Schoolcraft,  Houghton,  and  Ontonagon,  and  the 
islands  and  territory  thereunto  attached,  the  islands  of  Lake 
Superior,  Huron,  and  Michigan,  and  in  Green  Bay,  and  the 
Straits  of  Mackinaw,  and  the  River  Ste.  Marie,  shall  constitute 
a  separate  judicial  district,  and  be  entitled  to  a  District  Judge 
and  District  Attorney, 

Sec.  2.  The  District  Judge  shall  be  elected  by  the  electors 
of  such  district,  and  shall  perform  the  same  duties,  and  possess 
the  same  powers,  as  a  Circuit  Judge  in  his  circuit,  and  shall 
hold  his  office  for  the  same  period. 

Sec  3.  The  District  Attorney  shall  be  elected  every  two 
years  by  the  electors  of  the  district,  shall  perform  the  duties 
of  Prosecuting  Attorney  throughout  the  entire  district,  and 
"may  issue  warrants  for  the  arrest  of  offenders  in  cases  of 
felony,  to  be  proceeded  with  as  shall  be  prescribed  by  law. 

Sec.  4.  Such  judicial  district  shall  be  entitled  at  all  times 
to  at  least  one  Senator,  and  until  entitled  to  more  by  its  pop- 
ulation, it  shall  have  three  members  of  the  House  of  Repre- 
sentatives, to  be  apportioned  among  the  several  counties  by  the 
Legislature. 

Sec.  5.  The  Legislature  may  provide  for  the  payment  of 
the  District  Judge  a  salary  not  exceeding  one  thousand  dol- 
lars a  year;  and  of  the  District  Attorney,  not  exceeding  seven 


CONSTITUTION    OF    THE   STATE.  1 95 

hundred  dollars  a  year ;  and  may  allow  extra  compensation 
to  the  members  of  the  Legislature  from  such  territory,  not 
exceeding  two  dollars  a  day  during  any  session. 

[Sec.  6.  That  elections  for  all  district  or  county  officers, 
State  Senators  or  Representatives,  wifhin  the  boundaries 
defined  in  this  article,  shall  take  place  on  the  Tuesday  suc- 
c  eding  the  first  Monday  of  November,  in  the  respective  years 
in  which  they  may  be  required  ;  the  county  canvass  shall  be 
held  on  the  first  Monday  thereafter,  and  the  district  canvass 
on  the  third  Monday  of  said  November.*] 

Sec.  7.  One-half  of  the  taxes  received  into  the  treasury 
from  mining  corporations  in.  the  Upper  Peninsula,  paying  an 
annual  State  tax  of  one  per  cent,  shall  be  paid  to  the  Treasurers 
of  the  counties  from  which  it  is  received,  to  be  applied  for 
township  and  county  purposes,  as  provided  by  law.  The  Legis- 
lature shall  have  power,  after  the  year  one  thousand  eight  hun- 
dred and  fifty-five,  to  reduce  the  amount  to  be  refunded. 

Sec.  8.  The  Legislature  may  change  the  location  of  the 
State  Prison  from  Jackson  to  the  Upper  Peninsula. 

Sec.  9.  The  charters  of  the  several  mining  corporations 
may  be  modified  by  the  Legislature,  in  regard  to  the  term 
limited  for  subscribing  to  stock,  and  in  relation  to  the  quan- 
tity of  land  which  a  corporation  shall  hold ;  but  the  capital 
shall  not  be  increased,  nor  the  time  for  the  existence  of  char- 
ters extended.  No  such  corporation  shall  be  permitted  to 
purchase  or  hold  any  real  estate,  except  such  as  shall  be  neces- 
sary for  the  exercise  of  its  corporate  franchises. 

*  Amendment  adopted   by   the  Legislature  of  1861,  approved   by  the  people  at 
the  general  election  of  1862. 


19^ 


CIVIL    GOVERNMENT. 


♦ARTICLE  XIX— A. 

OF   RAILROADS. 

Sec.  I.  The  Legislature  may,  from  time  to  time,  pass 
laws  establishing  reasonable  maximum  rates  of  charges  for  the 
transportation  of  passengers  and  freight  on  different  railroads 
in  this  State,  and  shall  prohibit  running  contracts  between 
such  railroad  companies  whereby  discrimination  is  made  in 
favor  of  either  of  such  companies  as  against  other  companies 
owning  connecting  or  intersecting  lines  of  railroads. 

Sec.  2.  No  railroad  corporation  shall  consolidate  its 
stock,  property,  or  franchises  with  any  other  railroad  corpo- 
ration owning  a  parallel  or  competing  line ;  and  in  no  case 
shall  any  consolidation  take  place  except  upon  public  notice 
given  of  at  least  sixty  days  to  all  stockholders,  in  such  manner 
as  shall  be  provided  by  law. 

ARTICLE  XX. 

AMENDMENT  AND    REVISION   OF  THE  CONSTITUTION. 

Sec.  I.  Any  amendment  or  amendments  to  this  Consti- 
tution may  be  proposed  in  the  Senate  or  House  of  Represen- 
tatives. If  the  same  shall  be  agreed  to  by  two-thirds  of  the 
members  elected  to  each  House,  such  amendment  or  amend- 
ments shall  be  entered  on  the  journals  respectively,  with  the 
yeas  and  nays  taken  thereon,  and  the  same  shall  be  submitted 
to  the  electors  at  the  next  [f  spring  or  autumn  election  there- 
after, as  the  Legislature  shall  direct ;  ]  and  if  a  majority  of  the 
electors  qualified  to  vote  for  members  of  the  Legislature,  vot- 
ing thereon,  shall  ratify  and  approve  such  amendment  or 
amendments,  the  same  shall  become  part  of  the  Constitution. 

•Amendment  adopted  by  the  Legislature  in  extra  session,  1870,  approved  by  the 
people  at  the  general  election  of  1870. 

tAmendment  adopted  by  the  Legislature  of  1875,  approved  by  the  people  at  the 
general  election  of  1876. 


CONSTITUTION   OF   THE   STATE.  I97 

[Sec.  2.  At  the  general  election  to  be  held  in  the  'year 
one  thousand  eight  hundred  and  sixty-six,  and  in  each  six- 
teenth year  thereafter,  and  also  at  such  other  times  as  the 
Legislature  may  by  law  provide,  the  question  of  the  genera) 
revision  of  the  Constitution  shall  be  submitted  to  the  electors 
qualified  to  vote  for  members  of  the  Legislature ;  and  in  case 
a  majority  of  the  electors  so  qualified,  voting  at  such  election, 
shall  decide  in  favor  of  a  convention  for  such  purpose,  the 
Legislature,  at  the  next  session,  shall  provide  by  law  for  the 
election  of  such  delegates  to  such  convention.  All  the  amend- 
ments shall  take  effect  at  the  commencement  of  the  year  after 
their  adoption,*] 


SCHEDULE. 

That  no  inconvenience  may  arise  from  the  changes  in  the 
Constitution  of  this  State,  and  in  order  to  carry  the  same  into 
complete  operation,  it  is  hereby  declared  that. 

Sec.  I.  The  common  law,  and  the  statute  laws  now  in 
force,  not  repugnant  to  this  Constitution,  shall  remain  in  force 
until  they  expire  by  their  own  limitations,  or  are  altered  or 
repealed  by  the  Legislature. 

Sec.  2.  All  writs,  actions,  causes  of  action,  prosecutions, 
and  rights  of  individuals  and  of  bodies  corporate,  and  of  the 
State,  and  all  charters  of  incorporation,  shall  continue ;  and 
all  indictments  which  shall  have  been  found,  or  which  may 
hereafter  be  found,  for  any  crime  or  offense  committed  before 
the  adoption  of  this  Constitution,  may  be  proceeded  upon  as 
if  no  change  had  taken  place.     The  several  courts,  except  as 

♦Amendment  adopted  by  the  Legislature  of  ISGl,  approved  by  the  people  at  the 
general  election  of  1862. 


198  CIVIL   GOVERNMENT. 


nerein  otherwise  provided,  shall  continue  with  the  like  powers 
and  jurisdiction,  both  at  law  and  in  equity,  as  if  this  Consti- 
tution had  not  been  adopted,  and  until  the  organization  of 
the  judicial  department  under  this  Constitution. 

Sec.  3.  That  all  fines,  penalties,  forfeitures,  and  escheats 
accruing  to  the  State  of  Michigan  under  the  present  Con- 
stitution and  laws,  shall  accrue  to  the  use  of  the  State  under 
this  Constitution. 

Sec.  4.  That  all  recognizances,  bonds,  obligations,  and 
all  other  instruments  entered  into  or  executed  before  the 
adoption  of  this  Constitution,  to  the  people  of  the  State  of 
Michigan,  to  any  State,  county,  or  township,  or  any  public 
officer,  or  public  body,  or  which  may  be  entered  into  or  exe- 
cuted under  existing  laws,  **  to  the  people  of  the  State  of 
Michigan,*'  to  any  such  officer,  or  public  body,  before  the 
complete  organization  of  the  departments  of  government 
under  this  Constitution,  shall  remain  binding  and  valid,  and 
rights  and  liabilities  upon  the  same  shall  continue,  and  may 
be  prosecuted  as  provided  by  law.  And  all  crimes  and  mis- 
demeanors and  penal  actions  shall  be  tried,  punished,  and 
prosecuted  as  though  no  change  had  taken  place,  until  other- 
wise provided  by  law. 

Sec.  5.  A  Governor  and  Lieutenant  Governor  shall  be 
chosen  under  the  existing  Constitution  and  laws,  to  serve  after 
I  he  expiration  of  the  term  of  the  present  incumbent. 

Sec.  6.  All  officers,  civil  and  military,  now  holding  any 
office  or  appointment,  shall  continue  to  hold  their  respective 
offices,  unless  removed  by  competent  authority,  until  super- 
seded under  the  laws  now  in  force,  or  under  this  Constitution. 

Sec.  7.  The  members  of  the  Senate  and  House  of  Repre- 
sentatives of  the  Legislature  of  one  thousan  '  eight  hundred 


CONSTITUTION    OF   THE   STATE,  igg 

and  fifty-one,  shall  continue  in  office,  under  the  provisions  of 
law,  until  superseded  by  their  successors,  elected  and  qualified 
under  this  Constitution. 

Sec.  8.  All  county  officers,  unless  removed  by  competent 
authority,  shall  continue  to  hold  their  respective  offices  until 
the  first  day  of  January,  in  the  year  one  thousand  eight  hun- 
dred and  fifty-three.  The  laws  now  in  force  as  to  the  election, 
qualification,  and  duties  of  township  officers,  shall  continue  in 
force  until  the  Legislature  shall,  in  conformity  to  the  provisions 
of  this  Constitution,  provide  for  the  holding  of  elections  to 
fill  such  offices,  and  prescribe  the  duties  of  such  officers  res- 
pectively. 

Sec.  9.  On  the  first  day  of  January,  in  the  year  one 
thousand  eight  hundred  and  fifty-two,  the  terms  of  office 
of  the  Judges  of  the  Supreme  Court  under  existing  laws,  and 
of  the  Judges  of  the  County  Courts,  and  of  the  Clerks  of  the 
Supreme  Court,  shall  expire  on  the  said  day. 

Sec.  10.  On  the  first  day  of  January,  in  the  year  one 
thousand  eight  hundred  and  fifty-two,  the  jurisdiction  of  all 
suits  and  proceedings  then  pending  in  the  present  Supreme 
Court  shall  become  vested  in  the  Supreme  Court  established 
by  this  Constitution,  and  shall  be  finally  adjudicated  by  the 
court  where  the  same  may  be  pending.  The  jurisdiction  of 
all  suits  and  proceedings  at  law  and  equity,  then  pending  in 
the  Circuit  Courts  and  County  Courts  for  the  several  counties, 
shall  become  vested  in  the  Circuit  Court  of  the  said  counties, 
and  District  Court  for  the  Upper  Peninsula. 

Sec.  II.  The  Probate  Courts,  the  Courts  of  Justices  of 
the  Peace,  and  the  Police  Court  authorized  by  an  act  entitled 
"  An  act  to  establish  a  Police  Court  in  the  city  of  Detroit," 
approved  April  second,  one  thousand  eight  hundred  and  fifty. 


too  aVIL   GOVERNMENT. 


shall  continue  to  exercise  the  jurisdiction  and  powers  now 
conferred  upon  them  respectively,  until  otherwise  provided 
by  law. 

Sec.  12.  The  office  of  State  Printer  shall  be  vested  in 
the  present  incumbent  until  the  expiration  of  the  term  for 
which  he  was  elected  under  the  law  then  in  force ;  and  ali 
the  provisions  of  the  said  law  relating  to  his  duties,  rights,  privi- 
leges, and  compensation,  shall  remain  unimpaired  and  invio- 
late until  the  expiration  of  his  said  term  of  office. 

Sec.  13.  It  shall  be  the  duty  of  the  Legislature,  at  their 
first  session,  to  adapt  the  present  laws  to  the  provisions  of  this 
Constitution,  as  far  as  may  be. 

Sec.  14.  The  Attorney  General  of  the  State  is  required 
to  prepare  and  report  to  the  Legislature,  at  the  commence- 
ment of  the  next  session,  such  changes  and  modifications  in 
existing  laws  as  may  be  deemed  necessary  to  adapt  the  same 
to  this  Constitution,  and  as  may  be  best  calculated  to  carry 
into  effect  its  provisions ;  and  he  shall  receive  no  additional 
compensation  therefor. 

Sec.  15.  Any  territory  attached  to  any  county  for  judi- 
cial purposes,  if  not  otherwise  represented,  shall  be  consid- 
ered as  forming  part  of  such  county,  so  far  as  regards  elec- 
tions for  the  purpose  of  representation. 

Sec.  16.  This  Constitution  shall  be  submitted  to  the 
people  for  their  adoption  or  rejection,  at  the  general  election 
to  be  held  on  the  first  Tuesday  of  November,  one  thousand 
eight  hundred  and  fifty;  and  there  shall  also  be  submitted  for 
adoption  or  rejection,  at  the  same  time,  the  separate  resolution 
in  relation  to  the  elective  franchise ;  and  it  shall  be  the  duty 
of  the  Secretary  of  State,  and  all  other  officers  required  to 
give  or  to  publish  any  notice  in  regard  to  the  said  genera. 


CONSTITUTION    OF   THE    STATE.  201 

election,  to  give  notice,  as  provided  by  law  in  case  of  an  elec- 
tion of  Governor,  that  this  Constitution  has  been  duly  sub- 
mitted to  the  electors  at  said  election.  Every  newspaper 
within  this  State  publishing,  in  the  month  of  September  next, 
this  Constitution  as  submitted,  shall  receive  as  compensation 
therefor  the  sum  of  twenty-five  dollars,  to  be  paid  as  the 
Legislature  shajl  direct. 

Sec.  1 7.  Any  person  entitled  to  vote  for  members  of  the 
Legislature,  by  the  Constitution  and  laws  now  in  force,  shall, 
at  the  said  election,  be  entitled  to  vote  for  the  adoption  or 
rejection  of  this  Constitution,  and  for  or  against  the  resolution 
separately  submitted,  at  the  places  and  in  the  manner  provided 
by  law  for  the  election  of  members  of  the  Legislature. 

Sec.  18.  At  the  said  general  election,  a  ballot-box  shall 
be  kept  by  the  several  Boards  of  Inspectors  thereof,  for  receiv- 
ing the  votes  cast  for  or  against  the  adoption  of  this  Con- 
stitution ;  and  on  the  ballots  shall  be  written  or  printed,  or 
partly  written  and  partly  printed,  the  words  "Adoption  of 
the  Constitution — ^yes,'*  or  "Adoption  of  the  Constitution — 
no." 

Sec  19.  The  canvass  of  the  votes  cast  for  the  adoption 
or  rejection  of  this  Constitution,  and  the  provision  in  relation 
to  the  elective  franchise  separately  submitted,  and  the  returns 
thereof,  shall  be  made  by  the  proper  canvassing  officers,  in 
the  same  manner  as  now  provided  by  law  for  the  canvass  and 
return  of  the  votes  cast  at  an  election  for  Governor,  as  near 
as  may  be ;  and  the  return  thereof  shall  be  directed  to  the 
Secretary  of  State.  On  the  sixteenth  day  of  December  next, 
or  within  five  days  thereafter,  the  Auditor  General,  State 
Treasurer,  and  Secretary  of  State  shall  meet  at  the  Capital, 
and  proceed,  in  presence  of  the  Governor,  to  examine  and 
14 


202  CIVIL   GOVERNMENT. 


canvass  the  returns  of  the  said  votes,  and  proclamation  shall 
forthwith  by  made  by  the  Governor  of  the  result  thereof. 
If  it  shall  appear  that  a  majority  of  the  votes  cast  upon  the 
question  have  thereon  ** Adoption  of  the  Constitution — yes," 
this  Constitution  shall  be  the  supreme  law  of  the  State  from 
and  after  the  first  day  of  January,  one  thousand  eight  hundred 
and  fifty-one,  except  as  is  herein  otherwise  provided ;  but  if 
A  majority  of  the  votes  cast  upon  the  question  have  thereon 
'Adoption  of  the  Constitution — no,"  the  same  shall  be  null 
and  void.  And  in  case  of  the  adoption  of  this  Constitution, 
said  officers  shall  immediately,  or  as  soon  thereafter  as  prac- 
ticable, proceed  to  open  the  statements  of  votes  returned  from 
the  several  counties  for  Judges  of  the  Supreme  Court  and 
State  officers  under  the  act  entitled  "An  act  to  amend  the 
revised  statutes,  and  to  provide  for  the  election  of  certain 
officers  by  the  people,  in  pursuance  to  an  amendment  of  the 
Constitution,  approved  February  sixteenth,  one  thousand  eight 
hundred  and  fifty,"  and  shall  ascertain,  determine,  and  certify 
the  results  of  the  election  for  said  officers  under  said  acts,  in 
the  same  manner,  as  near  as  may  be,  as  is  now  provided  by 
law  in  regard  to  the  election  of  Representatives  in  Congress. 
And  the  several  judges  and  officers  so  ascertained  to  have 
been  elected,  may  be  qualified  and  enter  upon  the  duties  of 
their  respective  offices  on  the  first  Monday  of  January  next, 
or  as  soon  thereafter  as  practicable. 

Sec  20.  The  salaries  or  compensation  of  all  persons 
holding  office  under  the  present  Constitution  shall  continue 
to  be  the  same  as  now  provided  by  law,  until  superseded  by 
their  successors  elected  or  appointed  under  this  Constitution ; 
and  it  shall  not  be  lawful  hereafter  for  the  Legislature  to 
increase  or  diminish  the  compensation  of  any  officer  during 
the  term  for  which  he  is  elected  or  appointed. 


CONSTITUTION   OF   THE   STATE.  203 

Sec.  21.  The  Legislature,  at  their  first  session,  shall  pro- 
vide for  the  payment  of  all  expenditures  of  the  Convention 
to  revise  the  Constitution,  and  of  the  publication  of  the  same 
as  is  provided  in  this  article. 

Sec.  22.  Every  county  except  Mackinac  and  Chippewa, 
entitled  to  a  Representative  in  the  Legislature  at  the  time  of 
the  adoption  of  this  Constitution,  shall  continue  to  be  so 
entitled  under  this  Constitution  ;  and  the  county  of  Saginaw, 
with  the  territory  that  may  be  attached,  shall  be  entitled  to 
one  Representative ;  the  county  of  Tuscola,  and  the  terri- 
tory that  may  be  attached,  one  Represensative  ;  the  county  of 
Sanilac,  and  the  territory  that  may  be  attached,  one  Repre- 
senHtive;  the  counties  of  Midland  and  Arenac,  with  the 
territory  that  may  be  attached,  one  Representative;  the 
county  of  Montcalm,  with  the  territory  that  may  be  attached 
thereto,  one  Representative;  and  the  counties  of  Newaygo 
and  Oceana,  with  the  territory  that  may  be  attached  thereto, 
one  Representative.  Each  county  having  a  ratio  of  repre- 
sentation and  a  fraction  over,  equal  to  a  moiety  of  said  ratio, 
shall  be  entitled  to  two  Representatives,  and  so  on  above  that 
number,  giving  one  additional  member  for  each  additional 
ratio. 

Sec.  23.  The  cases  pending  and  undisposed  of  in  the 
late  Court  of  Chancery,  at  the  time  of  the  adoption  of  this 
Constitution,  shall  continue  to  be  heard  and  determined  by 
the  Judges  of  the  Supreme  Court.  But  the  Legislature  shall, 
at  its  session  in  one  thousand  eight  hundred  and  fifty-one, 
provide  by  law  for  the  transfer  of  said  causes  that  may 
remain  undisposed  of  on  the  first  day  of  January,  one  thou- 
sand eight  hundred  and  fifty-two,  to  the  Supreme  or  Circuit 
Court,  established  by  this  Constitution,  or  require  that  the 


204  CIVIL    GOVERNMENT. 


same  may  be  heard  and  determined  by  the  Circuit  Judges. 

Sec.  24.  The  term  of  office  of  the  Governor  and  Lieu- 
tenant Governor  shall  commence  on  the  first  day  of  January 
next  after  their  election. 

Sec.  25.  The  territory  described  in  the  article  entitled 
**  Upper  Peninsula,"  shall  be  attached  to  and  constitute  a  part 
of  the  third  circuit  for  the  election  of  a  Regent  of  the  Uni- 
versity. 

Sec.  26.  The  Legislature  shall  have  authority,  after  the 
expiration  of  the  term  of  office  of  the  District  Judge  first 
elected  for  the  Upper  Peninsula,  to  abolish  said  office  of  Dis- 
trict Judge  and  District  Attorney,  or  either  of  them. 

Sec.  27.  The  Legislature  shall,  at  its  session  of  'one 
thousand  eight  hundred  and  fifty-one,  apportion  the  Repre- 
sentatives among  the  several  counties  and  districts,  and  divide 
the  State  into  Senate  districts,  pursuant  to  the  provisions  of 
this  Constitution. 

Sec.  28.  The  terms  of  office  of  all  State  and  county  offi- 
cers, of  the  Circuit  Judges,  members  of  the  Board  of  Educa- 
tion, and  members  of  the  Legislature,  shall  begin  on  the  first 
day  of  January  next  succeeding  their  election. 

Sec.  29.  The  State,  exclusive  of  the  Upper  Peninsula, 
shall  be  divided  into  eight  judicial  circuits,  and  the  counties 
of  Monroe,  Lenawee,  and  Hillsdale  shall  constitute  the  first 
circuit ;  the  counties  of  Branch,  St.  Joseph,  Cass,  and  Berrien 
shall  constitute  the  second  circuit ;  the  county  of  Wayne  shall 
constitute  the  third  circuit ;  the  counties  of  Washtenaw,  Jack- 
son, and  Ingham  shall  constitute  the  fourth  circuit ;  the  coun- 
ties of  Calhoun,  Kalamazoo,  Allegan,  Eaton,  and  Van  Buren 
shall  constitute  the  fifth  circuit :  [the]  counties  of  St.  Clair, 
Macomb,  Oakland,  and  Sanilac  shall  constitute  the  sixth  cir- 


CONSTITUTION    OF   THE    STATE.  205 

cuit ;  the  counties  of  Lapeer,  Genessee,  Saginaw,  Shiawassee, 

Livingston,  Tuscola,  and  Midland  shall  constitute  the  seventh 

circuit ;    and  the  counties  of  Barry,   Kent,  Ottawa,   Ionia, 

Clinton,  and  Montcalm  shall  constitute  the  eight  circuit. 

Done  in  Convention,  at  the  Capital  of  the  State,  this  fifteenth 

day  of  August,  in  the  year  of  our  Lord  one  thousand 

eight  hundred  and  fifty,  and  of  the  Independence  of  the 

United  States  the  seventy-fifth. 

D.  GOODWIN, 

FresidenU 


CONSTITUTION  OF  THE  UNITED  STATES, 


CONSTITUTION  OF  THE  UNITED  STATES.  2O9 


CONSTITUTION  OF  THE  UNITED  STATES. 


PREAMBLE. 


We,  the  people  of  the  United  States,  in  order  to  form 
a  more  perfect  union,  establish  justice,  insure  domestic 
tranquility,  provide  for  the  common  defense,  promote  the 
general  welfare,  and  secure  the  blessings  of  liberty  to  our- 
selves and  our  posterity,  do  ordain  and  establish  this 
Constitution  for  the  United  States  of  America. 

ARTICLE  I.    Legislative  Department. 

Section  I.     Congress  in  General, 

All  legislative  powers  herein  granted  shall  be  vested  in 
a  Congress  of  the  United  States,  which  shall  consist  of  a 
Senate  and  House  of  Representatives. 

Section  II.    House  of  Representatives, 

1.  The  House  of  Representatives  shall  be  composed 
of  members  chosen  every  second  year  by  the  people  of  the 
several  States,  and  the  electors  in  each  State  shall  have 
the  qualifications  requisite  for  electors  of  the  most  numerous 
branch  of  the  State  Legislature. 

2.  No  person  shall  be  a  Representative  who  shall  not 
have  attained  to  the  age  of  twenty-five  years,  and  been 
seven  years  a  citizen  of  the  United  States,  and  who  shall 
not,  when  elected,  be  an  inhabitant  of  that  State  in  which 
he  shall  be  chosen. 


2IO  CIVIL   GOVERNMENT. 

3.  Representatives  and  direct  taxes  shall  be  apportioned 
among  the  several  States  which  may  be  included  within  this 
Union  according  to  their  respective  numbers,  which  shall 
be  determined  by  adding  to  the  whole  number  of  free  per- 
sons, including  those  bound  to  service  for  a  term  of  years, 
and  excluding  Indians  not  taxed,  three-fifths  of  all  other 
persons.  The  actual  enumeration  shall  be  made  within 
three  years  after  the  first  meeting  of  the  Congress  of  the 
United  States,  and  within  every  subsequent  term  of  ten 
years,  in  such  manner  as  they  shall  by  law  direct.  The 
number  of  Representatives  shall  not  exceed  one  for  every 
thirty  thousand,  but  each  State  shall  have  at  least  one  Rep- 
resentative; and  until  such  enumeration  shall  be  made, 
the  State  of  New  Hampshire  shall  be  entitled  to  choose 
three,  Massachusetts  eight,  Rhode  Island  and  Providence 
Plantations  one,  Connecticut  five,  New  York  six,  New  Jersey 
four,  Pennsylvania  eight,  Delaware  one,  Maryland  six,  Vir- 
ginia ten.  North  Carolina  five.  South  Carolina  five,  and 
Georgia  three. 

4.  When  vacancies  happen  in  the  representation  from 
any  State,  the  executive  authority  thereof  shall  issue  writs 
of  election  to  fill  such  vacancies. 

5.  The  House  of  Representatives  shall  choose  their 
Speaker  and  other  officers,  and  shall  have  the  sole  power 
of  impeachment. 

Section  III.    Senate, 

I.  The  Senate  of  the  United  States  shall  be  composed 
of  two  Senators  from  each  State,  chosen  by  the  Legislature 
thereof,  for  six  years;  and  each  Senator  shall  have  one 
vote. 


CONSTITUTION  OF  THE  UNITED  STATES.  2 1 1 

2.  Immediately  after  they  shall  be  assembled  in  con- 
sequence of  the  first  election,  they  shall  be  divided  as 
equally  as  may  be  into  three  classes.  The  seats  of  the 
Senators  of  the  first  class  shall  be  vacated  at  the  expiration 
of  the  second  year,  of  the  second  class  at  the  expiration  of 
the  fourth  year,  and  of  the  third  class  at  the  expiration  of 
the  sixth  year,  so  that  one-third  may  be  chosen  every 
second  year;  and  if  vacancies  happen  by  resignation,  or 
otherwise,  during  the  recess  of  the  Legislature  of  any  State, 
the  Executive  thereof  may  make  temporary  appointments 
until  the  next  meeting  of  the  Legislature,  which  shall  then 
fill  such  vacancies. 

3.  No  person  shall  be  a  Senator  who  shall  not  have  at- 
attained  to  the  age  of  thirty  years,  and  been  nine  years  a 
citizen  of  the  United  States,  and  who  shall  not,  when 
elected,  be  an  inhabitant  of  that  Stale  for  which  he  sliall  be 
chosen. 

4.  The  Vice-President  of  the  United  States  shall  be 
President  of  the  Senate,  but  shall  have  no  vote,  unless  they  be 
equally  divided. 

5.  The  Senate  shall  choose  their  other  officers,  and 
also  a  President  p7  0  tempore^  in  the  absence  of  the  Vice- 
President,  or  when  he  shall  exercise  the  office  of  President 
of  the  United  States. 

6.  The  Senate  shall  have  the  sole  power  to  try  all 
impeachments.  When  sitting  for  that  purpose,  they  shall 
be  on  oath  or  affirmation.  When  the  President  of  the 
United  States  is  tried,  the  Chief  Justice  shall  preside:  and 
no  person  shall  be  convicted  without  the  concurrence  of 
two- thirds  of  the  members  present. 


212  CIVIL   GOVERNMENT. 

7.  Judgment  in  case  of  impeachment  shall  not  extend 
farther  than  to  removal  from  office,  and  disqualification  to 
hold  and  enjoy  any  office  of  honor,  trust,  or  profit  under 
the  United  States:  But  the  party  convicted  shall  never- 
theless be  liable  and  subject  to  indictment,  trial,  judgment, 
and  punishment,  according  to  law. 

Section  IV.    Both  Houses. 

1.  The  times,  places,  and  manner  of  h  olding  elections 
for  Senators  and  Representatives  shall  be  prescribed  in 
each  State  by  the  Legislature  thereof;  but  the  Congress 
may  at  any  time  by  law  make  or  alter  such  regulations, 
except  as  to  the  place  of  choosing  Senators. 

2.  The  Congress  shall  assemble  at  least  once  in  every 
year,  and  such  meeting  shall  be  on  the  first  Monday  in 
December,  unless  they  shall  by  law  appoint  a  different  day. 

Section  V.     The  Houses  Separately, 

1.  Each  House  shall  be  the  judge  of  the  elections,  re- 
turns, and  qualifications  of  its  own  members,  and  a  majority 
of  each  shall  constitute  a  quorum  to  do  business ;  but  a 
smaller  number  may  adjourn  from  day  to  day,  and  may  be 
authorized  to  compel  the  attendance  of  absent  members, 
in  such  manner,  and  under  such  penalties,  as  each  House 
may  provide. 

2.  Each  House  may  determine  the  rules  of  its  pro- 
ceedings, punish  its  members  for  disorderly  behavior,  and, 
with  the  concurrence  of  two-thirds,  expel  a  member. 

3.  Each  House  shall  keep  a  journal  of  its  proceedings, 
and  from  time  to  time  publish  the  same,  excepting   such 


CONSTITUTION  OF  THE  UNITED  STATES.  213 

parts  as  may  in  their  judgment  require  secrecy ;  and  the 
yeas  and  nays  of  the  members  of  either  House  on  any 
question  shall,  at  the  desire  of  one-fifth  of  those  present,  be 
entered  on  the  journal. 

4.  Neither  House,  during  the  session  of  Congress, 
shall,  without  the  consent  of  the  other,  adjourn  for  more 
than  three  days,  nor  to  any  other  place  than  that  in  which 
the  two  Houses  shall  be  sitting. 

Section  VI.     Privileges  and  Disabilities  of  Members, 

1.  The  Senators  and  Representatives  shall  receive  a 
compensation  for  their  services,  to  be  ascertained  by  law, 
and  paid  out  of  the  treasury  of  the  United  States.  They 
shall  in  all  cases,  texcept  treason,  felony,  and  breach  of  the 
peace,  be  privileged  from  arrest  during  their  attendance  at 
the  session  of  their  respective  Houses,  and  in  going  to  or 
returning  from  the  same ;  and  for  any  speech  or  debate  in 
either  House  they  shall  not  be  questioned  in  any  other  place. 

2.  No  Senator  or  Representative  shall,  during  the  time 
for  which  he  was  elected,  be  appointed  to  any  civil  office 
under  the  authority  of  the  United  States,  which  shall  have 
been  created,  or  the  emoluments  whereof  shall  have  been  in- 
creased, during  such  time;  and  no  person  holding  any 
office  under  the  United  States  shall  be  a  member  of  either 
House  during  his  continuance  in  office. 

Section  VH.     Mode  of  Passing  Laws* 

I.  All  bills  for  raising  revenue  shall  originate  in  the 
House  of  Representatives ;  but  the  Senate  may  propose  or 
concur  with  amendments  as  on  other  bills. 


214  CIVIL    GOVERNMENT. 

. —  .  * 

2.  Every  bill  which  shall  have  passed  the  House  of  Rep- 
resentatives and  the  Senate  shall,  before  it  become  a  law,  be 
presented  to  the  President  of  the  United  States;  if  he 
approve  he  shall  sign  it,  but  if  not  he  shall  return  it  with 
his  objections  to  that  House  in  which  it  shall  have  origina- 
ted, who  shall  enter  the  objections  at  large  on  their  journal, 
and  proceed  to  reconsider  it  If  after  such  reconsideration 
two-tliirds  of  that  House  shall  agree  to  pass  the  bill,  it 
shall  be  sent,  together  with  the  objections,  to  the  other 
House,  by  which  it  shall  likewise  be  reconsidered,  and,  if 
approved  by  two  thirds  of  that  House,  it  shall  become  a 
law.  But  in  all  such  cases  the  votes  of  both  Houses  shall 
be  determined  by  yeas  and  nays,  and  the  names  of  the 
persons  voting  for  and  against  the  bill  shall  be  entered  on 
the  journal  of  each  House  respectively.  If  any  bill  shall 
not  be  returned  by  the  President  within  ten  days  (Sundays 
excepted)  after  it  shall  have  been  presented  to  him,  the 
same  shall  be  a  law,  in  like  manner  as  if  he  had  signed  it, 
unless  the  Congress  by  their  adjournment  prevent  its  return, 
in  which  case  it  shall  not  be  a  law. 

3.  Every  order,  resolution,  or  vote  to  which  the  con- 
currence of  the  Senate  and  House  of  Representatives  may 
be  necessary  (except  on  a  question  of  adjournment)  shall 
be  presented  to  the  President  of  the  United  States;  and, 
before  the  same  shall  take  effect,  shall  be  approved  by  him, 
or,  being  disapproved  by  him,  shall  be  repassed  by  two-thirds 
of  the  Senate  and  House  of  Representatives,  according  to 
the  rules  and  limitations  prescribed  in  the  case  of  a  bill. 


CONSTITUTION  OF  THE  UNITED  STATES.  215 

Section  VIII.     Powers  Granted  to  Congress. 

The  Congress  shall  have  power, — 

1.  To  lay  and  collect  taxes,  duties,  imposts,  and  excises 
to  pay  the  debts  and  provide  for  the  common  defense  and 
general  welfare  of  the  United  States ;  but  all  duties,  imposts, 
and  excises  shall  be  uniform  throughout  the  United  States ; 

2.  To  borrow  money  on  the  credit  of  the  United 
States ; 

3.  To  regulate  commerce  with  foreign  nations,  and 
among  the  several  States,  and  with  the  Indian  tribes ; 

4.  To  establish  a  uniform  rule  of  naturalization,  and 
uniform  laws  on  the  subject  of  bankruptcies  throughout  the 
United  States ; 

5.  To  coin  money,  regulate  the  value  thereof,  and  of 
foreign  coin,  and  fix  the  standards  of  weights  and  measures ; 

6.  To  provide  for  the  punishment  of  counterfitting  the 
securities  and  current  coin  of  the  United  States ; 

7.  To  establish  post-offices  and  post- roads ; 

8.  To  promote  the  progress  of  science  and  useful  arts, 
by  securing  for  limited  times  to  authors  and  inventors  the 
exclusive  right  to  their  respective  writings  and  discoveries ; 

9.  To  constitute  tribunals  inferior  to  the  Supreme* 
Court; 

10.  To  define  and  punish  felonies  committed  on  the 
high  seas,  and  offenses  against  the  law  of  nations  ; 

11.  To  declare  war,  grant  letters  of  marque  and  repri- 
sal, and  make  rules  concerning  captures  on  land  and  water ; 

12.  To  raise  and  support  armies,  but  no  appropriation 
of  money  to  that  use  shall  be  for  a  longer  term  than  two 
years ; 


2l6  CIVIL   GOVERNMENT. 

13.  To  provide  and  maintain  a  navy ; 

14.  To  make  rules  for  the  government  and  regulation 
of  the  land  and  naval  forces ; 

15.  To  provide  for  calling  forth  the  militia  to  execute 
the  laws  of  the  Union,  suppress  insurrections,  and  repel  in- 
vasions ; 

16.  To  provide  for  organizing,  arming,  and  disciplining 
the  militia,  and  for  governing  such  part  of  them  as  may  be 
employed  in  the  service  of  the  United  States,  reserving  to 
the  States  respectively,  the  appointment  of  the  officers,  and 
the  authority  of  training  the  militia  according  to  the  dis- 
cipline prescribed  by  Congress ; 

17.  To  exercise  exclusive  legislation,  in  all  cases 
whatsoever,  over  such  district  (not  exceeding  ten  miles 
square)  as  may,  by  cession  of  particular  States,  and  the 
acceptance  of  Congress,  become  the  seat  of  government  of 
the  United  States;  and  to  exercise  like  authority  over  all 
places  purchased,  by  tl^e  consent  of  the  Legislature  of  the 
State  in  which  the  same  shall  be,  for  t^je  erection  of  forts, 
magazines,  arsenals,  dock -yards,  and  other  needful  build- 
ings; and 

18.  To  make  all   laws  which  shall  be   necessary  and 
A  proper  for  carrying  into  execution  the  foregoing  powers, 

and  all  other  powers  vested  by  this  Constitution  in  the 
government  of  the  United  States,  or  in  any  department  or 
officer  thereof. 

Section  IX.    Powers  Denied  to  the  United  States. 

I.  The  migration  or  importation  of  such  persons  as 
any  of  the  States  now  existing  shall  think  proper  to  admit. 


CONSTITUTION  OF  THE  UNITED  STATES.  2l^ 

shall  not  be  prohibited  by  the  Congress  prior  to  the  year 
one  thousand  eight  hundred  and  eight,  but  a  tix  or  duty 
may  be  imposed  on  such  importation,  not  exceeding  ten 
dollars  for  each  person. 

2.  The  privilege  of  the  writ  of  habeas  corpus  shall  not 
be  suspended,  unless  when  in  case  of  rebellion  or  invasion 
the  public  safety  may  require  it. 

3.  No  bill  of  attainder  or  ex  post  facto  law  shall  be 
passed. 

4.  No  capitation  or  other  direct  tax  shall  be  laid, 
unless  in  proportion  to  the  census  or  enumeration  herein 
before  directed  to  be  taken. 

5.  No  tax  or  duty  shall  be  laid  on  articles  exported 
from  any  State. 

6.  No  preference  shall  be  given  by  any  regulation  of 
commerce  or  revenue  to  the  ports  of  one  State  over  those 
of  another ;  nor  shall  vessels  bound  to,  or  from,  one  State, 
be  obliged  to  enter,  clear,  or  pay  duties  in  another. 

7.  No  money  shall  be  drawn  from  the  treasury,  but  in 
consequence  of  appropriations  made  by  law ;  and  a  regular 
statement  and  account  ol  the  receipts  and  expenditures  of 
all  public  money  shall  be  published  from  time  to  time. 

8.  No  title  of  nobility  shall  be  granted  by  the  United 
States ;  and  no  person  holding  any  office  of  profit  or  trust 
under  them  shall,  without  the  consent  of  the  Congress, 
accept  of  any  present,  emolument,  office,  or  title  of  any 
kind  whatever,  from  any  king,  prince,  or  foreign  state. 

Section  X.     Powers  Denied  to  the  States. 

I.  No  State  shall  enter  into  any  treaty,  alliance,  or 
confederation ;   grant  letters  of  marque  and  reprisal ;   coin 


2l8  CIVIL    GOVERNMENT. 

money;  emit  bills  of  credit ;  make  anything  but  gold  and 
silver  coin  a  tender  in  payment  of  debts  ;  pass  any  bill  of 
attainder,  ex  post  facto  law,  or  law  impairing  the  obligation 
of  contracts ;  or  grant  any  title  of  nobility. 

2.  No  State  shall,  without  the  consent  of  the  Congress, 
lay  any  imposts  or  duties  on  imports  or  exports,  except 
what  may  be  absolutely  necessary  for  executing  its  in- 
spection laws;  and  the  net  produce  of  all  duties  and 
imposts,  laid  by  any  State  on  imports  or  exports,  shall  be  for 
the  use  of  the  treasury  of  the  United  States ;  and  all  such 
laws  shall  be  subject  to  the  revision  and  control  of  the 
Congress. 

3.  No  State  shall,  without  the  consent  of  Congress, 
lay  any  duty  of  tonnage,  keep  troops  or  ships  of 
war  in  time  of  peace,  enter  into  any  agreement  or  compact 
with  another  State,  or  with  a  foreign  power,  or  engage  in 
war,  unless  actually  invaded,  or  in  such  imminent  danger 
as  will  not  admit  of  delay. 

ARTICLE  II.    Executive  Department. 
Section  I.     President  and  Vice-President, 

1.  The  executive  power  shall  be  vested  in  a  President 
of  the  United  States  of  America.  He  shall  hold  his  office 
during  the  term  of  four  years,  and,  together  with  the  Vice- 
President,  chosen  for  the  same  term,  be  elected  as  follows : — ■ 

2.  Each  State  shall  appoint,  in  such  manner  as  the 
Legislature  thereof  may  direct,  a  number  of  Electors, 
equal  to  the  whole  number  of  Senators  and  Representatives 
to  which  the  State  may  be  entitled  in  the  Congress ;  but  no 


CONSTITUTION  OF  THE  UNITED  STATES.  219 

Senator  or  Representative,  or  person  holding  an  office  of 
trust  or  profit  under  the  United  States,  shall  be  appointed 
an  Elector. 

3.  [The  Electors  shall  meet  in  their  respective  States, 
and  vote  by  ballot  for  two  persons,  of  whom  one  at  least 
shall  not  be  an  inhabitant  of  the  same  State  with  themselves. 
And  they  shall  make  a  list  of  all  the  persons  voted  for,  and 
of  the  number  of  votes  for  each;  which  list  they  shall  sign 
and  certify,  and  transmit  sealed  to  the  seat  of  the  government 
of  the  United  States,  directed  to  the  President  of  the  Senate. 
The  President  of  the  Senate  shall,  in  the  presence  of  the 
Senate  and  House  of  Representatives,  open  all  the  certifi- 
cates, and  the  votes  shall  then  be  counted.  The  persdn 
having  the  greatest  number  of  votes  shall  be  the  President, 
if  such  number  be  a  majority  of  the  whole  number  oi 
electors  appointed;  and  if  there  be  more  than  one  who 
have  such  majority,  and  have  an  equal  number  of  votes» 
then  the  House  of  Represent 'tives  shall  immediately 
choose  by  ballot  one  of  them  for  President;  and  if  no 
person  have  a  majority,  then  from  the  five  highest  on  the 
list  the  said  House  shall  in  like  manner  choose  the  President. 
But  in  choosing  the  President,  the  votes  shall  be  taken  by 
States,  the  representation  from  each  State  having  one  vote; 
a  quorum  for  this  purpose  shall  consist  of  a  member  or 
members  from  two-thirds  of  the  States,  and  a  majority  of 
all  the  States  shall  be  necessary  to  a  choice.  In  every 
case,  after  the  choice  of  the  President,  the  person  having 
the  greatest  number  of  votes  of  the  Electors  shall  be  the 
Vice-President.    But  if  there  should  remain  two  or  more 


220  CIVIL    GOVERNMENT. 

who  have  equal  votes,  the  Senate  shall  choose  from  them 
by  ballot  the  Vice-President.*] 

4.  The  Cong^ress  may  determine  the  time  of  choosing 
the  Electors,  and  the  day  on  which  they  shall  give  their 
votes ;  which  day  shall  be  the  same  throughout  the  United 
States. 

5.  No  person  except  a  natural-born  citizen,  or  a  citizen 
of  the  United  States  at  the  time  of  the  adoption  of  this 
Constitution,  shall  be  eligible  to  the  office  of  President; 
neither  shall  any  person  be  eligible  to  that  office  who  shall 
not  have  attained  to  the  age  of  thirty-five  years,  and  been 
fourteen  years  a  resident  within  the  United  States. 

6.  In  case  of  the  removal  of  the  President  from  office, 
or  of  his  death,  resignation,  or  inability  to  discharge  the 
powers  and  duties  of  the  said  office,  the  same  shall  devolve 
on  the  Vice-President,  and  the  Congress  may  by  law  pro- 
vide for  the  case  of  removal,  death,  resignation,  or  inability, 
both  of  the  President  and  Vice-President,  declaring  what 
officer  shall  then  act  as  President,  and  such  officer  shall 
act  accordingly,  until  the  disability  be  removed,  or  a  Presi- 
dent shall  be  elected. 

7.  The  President  shall,  at  stated  times,  receive  for  his 
services  a  compensation,  which  shall  neither  be  increased 
nor  diminished  during  the  period  for  which  he  shall  have 
been  elected,  and  he  shall  not  receive  within  that  period 
any  other  emolument  from  the  United  States,  or  any  of 
them. 

8.  Before  he  enter  on  the  execution  of  his  office,  he 
shall    take    the    following    oath    or    affirmation: — "I    do 

'Repealed  by  Amendment  XII. 


CONSTITUTION  OF  THE  UNITED  STATES.  221 

solemly  swear  (or  affirm)  that  I  will  faithfully  execute  the 
office  of  President  of  the  United  States,  and  will,  to  the 
best  of  my  ability,  preserve,  protect,  and  defend  the  Con- 
stitution of  the  United  States." 

Section  II.     Powers  of  the  President, 

1.  The  President  shall  be  commander-in-chief  of  the 
army  and  navy  of  the  United  States,  and  of  the  militia  of 
the  several  States,  when  called  into  the  actual  service  of  the 
United  States;  he  may  require  the  opinion  in  writing  of 
the  principal  officers  in  each  of  the  executive  departments, 
upon  any  subject  relating  to  the  duties  of  their  respective 
offices,  and  he  shall  have  power  to  grant  reprieves  and 
pardons  for  offenses  against  the  United  States,  except  in 
cases  of  impeachment. 

2.  He  shall  have  power,  by  and  with  the  advice  and 
consent  of  the  Senate,  to  make  treaties,  provided  two-thirds 
of  the  Senators  present  concur;  and  he  shall  nominate,  and, 
by  and  with  the  advice  and  consent  of  the  Senate,  shall 
appoint  embassadors,  other  public  ministers,  and  consuls, 
judges  of  the  Supreme  Court,  and  all  other  officers  of  the 
United  States,  whose  appointments  are  not  herein  other- 
wise provided  for,  and  which  shall  be  established  by  law; 
but  the  Congress  may  by  law  vest  the  appointment  of 
such  inferior  officers,  as  they  think  proper,  in  the  President 
alone,  in  the  courts  of  law,  or  in  the  heads  of  departments. 

3.  The  president  shall  have  power  to  fill  up  all  va- 
cancies that  may  happen  during  the  recess  of  the  Senate, 
by  granting  commissions  which  shall  expire  at  the  end  of 
theii:  next  session. 


222  CIVIL    GOVERNMENT. 

Section  III.     Duties  of  the  President. 

He  shall  from  time  to  time  give  to  the  Congress 
information  of  the  state  of  the  Union,  and  recommend  to 
their  consideration  such  measures  as  he  shall  judge  necessary 
and  expedient;  he  may,  on  extraordinary  occasions,  convene 
both  Houses,  or  either  of  them,  and  in  case  of  disagreement 
between  them,  with  respect  to  the  time  of  adjournment,  he 
may  adjourn  them  to  such  time  as  he  shall  think  proper; 
he  shall  receive  embassadors  and  other  public  ministers ; 
he  shall  take  care  that  the  laws  be  faithfully  executed,  and 
shall  commission  all  the  officers  of  the  United  States. 

Section  IV.     Impeachment  qf  ike  President, 

The  President,  Vice-President,  and  all  civil  officers  of 
the  United  States,  shall  be  removed  from  office  on  impeach- 
ment for,  and  conviction  of,  treason,  bribery,  or  other  high 
crimes  and  misdemeanors. 


ARTICLE  III.    Judicial  Department. 

Section  I.      United  States  Courts, 

The  judicial  power  of  the  United  States  shall  be  vested 
in  one  Supreme  Court,  and  in  such  inlerior  courts  as 
Congress  may  from  time  to  time  ordain  and  establish.  The 
judges,  both  of  the  Supreme  and  inferior  courts,  shall  hold 
their  offices  during  good  behavior,  and  shall,  at  stated 
times,  receive  for  their  services  a  compensation,  which 
shall  not  be  diminished  during  their  continuance  in  office. 


CONSTITUTION  OF  THE  UNITED  STATES.  223 

Section  II.    Jurisdiction  of  the  United  States  Courts. 

1.  The  judicial  power  shall  extend  to  all  cases  in  law 
and  equity,  arising  under  this  Constitution,  the  laws  of  the 
United  States,  and  treaties  made,  or  which  shall  be  made, 
under  their  authority;  to  all  cases  affecting  embassadors, 
other  public  ministers,  and  consuls;  to  all  cases  of  ad- 
miralty and  maritime  jurisdiction ;  to  controversies  to  which 
the  United  States  shall  be  a  party;  to  controversies  between 
two  or  more  States,  between  a  State  and  citizens  of  another 
State,  between  citizens  of  different  States,  between  citizens 
of  the  same  State  claiming  lands  under  grants  of  difierent 
States,  and  between  a  State,  or  the  citizens  thereof,  and 
foreign  states,  citizens,  or  subjects. 

2.  In  all  cases  affecting  embassadors,  other  public 
ministers,  and  consuls,  and  those  in  which  a  State  shall  be 
party,  the  Supreme  Court  shall  have  original  jurisdiction. 
In  all  the  other  cases  before  mentioned,  the  Supreme 
Court  shall  have  appellate  jurisdiction,  both  as  to  law  and 
fact,  with  such  exceptions,  and  under  such  regulations,  as 
the  Congress  shall  make. 

3.  The  trial  of  all  crimes,  except  in  cases  of  impeach- 
ment, shall  be  by  jury ;  and  such  trial  shall  be  held  in  the 
State  where  the  said  crimes  shall  have  been  committed ;  but 
when  not  committed  within  any  State,  the  trial  shall  be  at 
such  place  or  places  as  the  Congress  may  by  law  have 
directed. 

Section  III.     Treason, 

r.  -  Treason  against  the  United  States  shall  consist  only 
in  levying  war  against  them,  or  in  adhering  to  their  enemies. 


224  CIVIL    GOVERNMENT. 

giving  them  aid  and  comfort.  No  person  shall  be  convicted 
of  treason  unless  on  the  testimony  of  two  witnesses  to  the 
same  overt  act,  or  on  confession  in  open  court. 

2.  The  Congress  shall  have  power  to  declare  the 
punishment  of  treason ;  but  no  attainder  of  treason  shall 
work  corruption  of  blood,  or  forfeiture,  except  during  the 
life  of  the  person  attained, 

ARTICLE  IV.    Miscellaneous  Provisions. 

Section  I.    State  Records, 

Full  faith  and  credit  shall  be  given  in  each  State  to  the 
pubHc  acts,  records,  and  judicial  proceedings  of  every 
other  State.  And  the  Congress  may  by  general  laws  pre- 
scribe the  manner  in  which  such  acts,  records,  and 
proceedings  shall  be  proved,  and  the  effect  thereof. 

Section  II.    Privileges  of  Citizens^  etc. 

1.  The  citizens  of  each  State  shall  be  entitled  to  all 
piivileges  and  immun^ies  of  citizens  in  the  several  States. 

2.  A  person  charged  in  any  State  with  tre  ison,  felony, 
or  other  crime,  who  shall  flee  from  justice,  and  be  found  in 
another  State,  shall,  on  demand  of  the  executive  authority 
of  the  State  from  which  he  fled,  be  delivered  up,  to  be  re- 
moved to  the  State  having  jurisdiction  of  the  crime. 

3.  No  person  held  to  service  or  labor  in  one  State, 
under  the  laws  thereof,  escaping  into  another,  shall,  in  con- 
sequence of  any  law  or  regulation  therein,  be  discharged 
from  such  service,  of  labor,  but  shall  be  delivered  up  on 
claim  of  the  party  to  whcm  such  service  or  labor  may  be 
due. 


CONSTITUTION  OF  THE  UNITED  STATES.  225 

Section  III.     New  States  and  Territories, 

•  I.  New  States  may  be  admitted  by  the  Congress  into  this 
Union ;  but  no  new  State  shall  be  formed  or  erected  within 
the  jurisdiction  of  any  other  State;  nor  any  State  be 
formed  by  the  junction  of  two  or  more  States,  or  parts  of 
States,  without  the  consent  of  the  Legislature  of  the  States 
concerned,  as  well  as  of  the  Congress. 

2.  The  Congress  shall  have  power  to  dispose  of,  and 
make  all  needful  rules  and  regulations  respecting  the  terri- 
tory or  other  property  belonging  to  the  United  States ;  and 
nothing  in  this  Constitution  shall  be  so  construed  as  to 
prejudice  any  claims  of  the  United  States,  or  of  any 
particular  State. 

Section  IV.     Guarantee  to  the  States, 

The  United  States  shall  guarantee  to  every  State  in  this 
Union  a  republican  form  of  government,  and  shall  protect 
each  of  them  against  invasion;  and  on  application  of  the 
Legislature,  or  of  the  Executive  (when  the  Legislature 
cannot  be  convened),  against  domestic  violence. 


ARTICLE  V.     Power  of  Amendment. 

The  Congress,  whenever  two- thirds  of  both  Houses 
shall  deem  it  necessary,  shall  propose  amendments  to  this 
Constitution,  or,  on  the  application  of  the  Legislatures  of 
two-thirds  of  the  several  States,  shall  call  a  convention  for 
proposing  amendments,  which,  in  either  case,  shall  be 
valid  to  all  intents  and  purposes,  as  part  of  this  Constitution, 


226  CIVIL   GOVERNMENT. 

when  ratified  by  the  Legislatures  of  three-fourths  of  the 
several  States,  or  by  conventions  in  three-fourths  thereof,  as 
the  one  or  the  other  mode  of  ratification  may  be  proposed 
by  Congres^s ;  provided  that  no  amendment  which  may  be 
made  prior  to  the  year  one  thousand  eight  hundred  and 
eight  shall  in  any  manner  affect  the  first  and  fourth  clauses 
in  the  ninth  section  of  the  first  article;  and  that  no  State, 
without  its  consent,  shall  be  deprived  of  its  equal  suffrage 
in  the  Senate. 

ARTICLE  VL    Public  Debt,  Supremacy  of  the  Con- 
stitution, Oath  of  Office,  Religious  Test. 

1.  AH  debts  contracted  and  engagements  entered  into, 
oefore  the  adoption  of  this  Constitution,  shall  be  as  valid 
against  the  United  States  under  this  Constitution  as  under 
the  Confederation. 

2.  This  Constitution,  and  the  laws  of  the  United  States 
which  shall  be  made  in  pursuance  thereof,  and  all  treaties 
made,  or  which  shall  be  made,  under  the  authority  of  the 
United  States,  shall  be  the  Supreme  law  of  the  land ;  and 
the  judges  in  every  State  shall  be  bound  thereby,  anytliing 
in  the  constitution  or  laws  of  any  State  to  the  contrary 
notwithstanding. 

3.  The  Senators  and  Representatives  before  mentioned, 
and  the  members  of  the  several  State  Legisl  tures,  and 
all  executive  and  judicial  officers,  both  of  the  United  States 
and  of  the  several  Staes,  shall  be  bound  by  oath  or  affirma- 
tion to  support  this  Constitution  j  but  no  religious  test  shall 


CONSTITUTION  OF  THE  UNITED  STATES.  227 


ever  be  required  as  a  qualification  to  any  office  i>t  public 
trust  under  the  United  States. 

ARTICLE  VII.    Ratification  of  the  Constitution. 

The  ratification  of  the  conventions  of  nine  States  shall 
be  sufficient  for  the  establishment  of  this  Constitution 
between  the  States  so  ratifying  the  same. 

Done  in  Convention,  by  the  unanimous  consent  of  the 
States  present,  the  seventeenth  day  of  September,  in 
the  year  of  our  Lord  one  thousand  seven  hundred  and 
eighty-seven,  and  of  the  Independence  of  the  United 
States  of  America  the  twelfth.  In  witness  whereoi  we 
have  hereunto  subscribed  our  names. 

[Signed  by]  Go.  Washington, 

Picsident  and  Deputy  from  Vir  inia, 
and  by  thirty -nine  delegates. 


228  CIVIL    GOVERNMENT. 


AMENDMENTS  TO  THE  CONSTITUTION. 


ARTICLE  I.    Freedom  of  Religion,  etc. 

Congress  shall  make  no  law  respecting  an  establishment 
of  religion,  or  prohibiting  the  free  exercise  thereof;  or 
abridging  the  freedom  of  speech,  or  of  the  pressj  or  the 
right  of  the  people  peaceably  to  assemble,  and  to  petition 
the  government  for  a  redress  of  grievances. 

ARTICLE  II.    Right  to  Bear  Arms. 

A  well-regulated  militia  being  necessary  to  the  security 
of  a  free  state,  the  right  of  the  people  to  keep  and  bear 
arms  shall  not  be  infringed. 

ARTICLE  III.    Quartering  Soldiers  on  Citizens. 

No  soldier  shall,  iq  time  of  peace,  be  quartered  in  any 
house,  without  the  consent  of  the  owner,  nor  in  time  of  war, 
but  in  a  manner  to  be  prescribed  by  law. 

ARTICLE  IV.    Search  Warrants. 

The  right  of  the  people  to  be  secure  in  their  persons, 
houses,  papers,  and  effects,  against  unreasonable  searches 
and  seizures,  shall  not  be  violated,  and  no  warrants  shall 
issue  but  upon  probable  cause,  supported  by  oath  or 
affirmation,  and  particularly  describing  the  place  to  be 
searched,  and  the  persons  or  things  to  be  seized. 


CONSTITUTION  OF  THE  UNITED  STATES.  229 

ARTICLE  V.    Trial  for  Crime,  etc. 

No  person  shall  be  held  to  answer  for  a  capital  or 
otherwise  infamous  crime,  unless  on  a  presentment  or 
indictment  of  a  grand  jury,  except  in  cases  arising  in  the 
land  or  naval  forces,  or  in  the  militia,  when  in  active  service 
in  time  of  war  or  public  danger;  nor  shall  any  person  be 
subject  for  the  same  offense  to  be  twice  put  in  jeopardy  of 
life  or  limb ;  nor  shall  be  compelled,  in  any  criminal  case, 
to  be  a  witness  against  himself,  nor  be  deprived  of  life, 
Hberty,  or  property,  without  due  process  of  law ;  nor  shall 
private  property  be  taken  for  public  use  without  just  com- 
pensation. 

ARTICLE  VI.     Rights  of  Accused  Persons. 

In  all  criminal  prosecutions,  the  accused  shall  enjoy  the 
right  to  a  speedy  and  public  trial,  by  an  impartial  jury  of 
the  State  and  district  wherein  the  crime  shall  have  been 
committed,  which  district  shall  have  been  previously 
ascertained  by  law,  and  to  be  informed  of  the  nature  and 
cause  of  the  accusation ;  to  be  confronted  with  the  witnesses 
against  him;  to  have  compulsory  process  for  obtaining 
witnesses  in  his  favor,  and  to  have  the  assistance  of  counsel 
for  his  defense. 

ARTICLE  VII.    Suits  at  Common  Law. 

In  suits  at  common  law,  where  the  value  in  controversy 
shall  exceed  twenty  dollars,  the  right  of  trial  by  jury  shall 
be  preserved,  and  no  fact  tried  by  a  jury  shall  be  otherwise 
re-examined  in  any  court  of  the  United  States  than  ac- 
cording to  the  rules  of  the  common  law. 


230  CIVIL   GOVERNMENT. 

ARTICLE  VIII.     Excessive  Bail. 

Excessive  bail  shall  not  be  required,  nor  excessive  fines 
imposed,  nor  cruel  and  unusual  punishments  inflicted. 

ARTICLE  IX.    Rights  Retained  by  the  People. 

The  enumeration  in  the  Constitution  of  certain  rights  shall 
not  be  construed  to  deny  or  disparage  others  retained  by 
the  people. 

ARTICLE  X.    Reserved  Rights  of  the  States. 

The  powers  not  delegated  to  the  United  States  by  the 
Constitution,  nor  piohiJted  by  it  to  the  States,  are  re- 
served to  the  States  respectiv>;ly,  or  to  the  people. 

ARTICLE  XL    Suits  against  States. 

The  judicial  power  of  the  United  States  shall  not  be 
construed  to  extend  to  any  suit  in  law  or  equity,  commenced 
or  prosecuted  against  one  of  the  United  States  by  citizens 
of  another  State,  or  by  citizens  or  subjects  of  any  foreign 
State. 

ARTICLE  XII.    Mode  of  Choosing  the  President 
and  Vice-President. 

Clause  I.  The  Electors  shall  meet  in  their  respective 
States,  and  vote  by  ballot  for  President  and  Vice-President, 
one  of  whom,  at  least,  shall  not  be  an  inhabitant  of  the  same 
State  with  themselves ;  they  shall  name  in  their  ballots  the 


CONSTITUTION  OF  THE  UNITED  STATES.  23I 

person  voted  for  as  President,  and  in  distinct  ballots  the 
person  voted  for  as  Vice-President ;  and  they  shall  make 
distinct  lists  of  all  persons  voted  for  as  President,  and  of 
all  persons  voted  for  as  Vice-President,  and  of  the  number 
of  votes  for  each,  which  list  they  shall  sign  and  certify,  and 
transmit  sealed  to  the  seat  of  government  of  the  United 
States,  directed  to  the  President  of  the  Senate; — the  Prt si- 
dent  of  the  Senate  shall,  in  the  presence  of  the  Senate  and 
House  of  Representatives,  open  all  the  certificates,  and  the 
votes  shall  then  be  counted ; — the  person  having  the 
greatest  number  of  votes  for  President  shall  be  the 
President,  if  such  number  be  a  majority  of  the  whole 
number  of  Electors  appointed;  and  if  no  person  have 
such  majority,  then  from  the  per.-ons  having  the  highest 
numbers,  not  exceeding  three,  on  the  list  of  those 
voted  for  as  President,  the  House  of  Representatives  shall 
choose  immediately,  by  ballot,  the  President.  But  in 
choosing  the  President,  the  votes  shall  be  taken  by  States, 
the  representation  from  each  State  having  one  vote;  a 
quorum  for  this  purpose  shall  consist  of  a  member  or 
members  from  two  thirds  of  the  States,  and  a  majority  of 
all  the  States  shall  be  necessary  to  a  choice.  And  if  the 
House  of  Representatives  shall  not  choose  a  President, 
whenever  the  right  of  choice  shall  devolve  upon  them, 
before  the  fourth  day  of  March  next  following,  then  the  Vice- 
President  shall  act  as  President,  as  in  the  case  of  the  death 
or  other  constitutional  disability  of  the  President. 

Clause  2.  The  person  having  the  greatest  number  of 
votes  as  Vice-President  shall  be  the  Vice-President,  if  such 
number  be  a  majority  of  the  whole   number   of    Electors 


232  CIVIL    GOVERNMENT. 

appointed,  and  if  no  person  have  a  majority,  then  from  the 
two  highest  numbers  on  the  list  the  Senate  shall  choose 
the  Vice-President ;  a  quorum  for  the  purpose  shall  consist 
of  two-thirds  of  the  whole  number  of  Senators,  and  a 
majorit}*^  of  the  whole  number  shall  be  necessary  to  a  choice. 
Clause  3.  But  no  person  constitutionally  ineligible  to 
the  office  of  President  shall  be  eligible  to  that  of  Vice- 
President  of  the  United  States. 

ARTICLE  XIII.    Slavery. 

Section  i.  Neither  slavery  nor  involuntary  servitude, 
except  as  a  punishment  for  crime  whereof  tne  party  shall 
have  been  duly  convicted,  shall  exist  within  the  United 
States,  or  any  place  subject  to  their  jurisdiction. 

Section  2.  Congress  shall  have  power  to  enforce  this 
article  by  appropriate  legislation. 

ARTICLE  XIV.    Additional  Securities. 

Section  I.     Citizens  of  the  United  States, 

All  persons  born  or  naturalized  in  the  United  States, 
and  subject  to  the  jurisdiction  thereof,  are  citizens  of  the 
United  States  and  of  the  State  wherein  they  reside.  No 
State  shall  make  or  enforce  any  law  which  shall  abridge 
the  privileges  or  immunities  of  citizens  of  the  United 
States;  nor  shall  any  State  deprive  any  person  of  life, 
liberty,  or  property,  without  due  process  of  law ;  nor  deny 
to  any  person  within  its  jurisdiction  the  equal  pr(  itection  of 
the  laws. 


CONSTITUTION  OF  THE  UNITED  STATES.  233 

Section  II.     Apportionment  of  Representatives. 

Representatives  shall  be  apportioned  among  the  several 
States  according  to  their  respective  numbers,  counting  the 
whole  number  of  persons  in  each  State,  excluding  Indians 
not  taxed.  But  when  the  right  to  vote  at  any  election  for 
the  choice  of  Electors  for  President  and  Vice-President  of 
the  United  States,  Representatives  in  Congress,  the  execu- 
tive and  judicial  officers  of  a  State,  or  the  members 
of  the  Legislature  thereof,  is  denied  to  any  of  the  male 
inhabitants  of  such  State,  being  twenty-one  years  of  age  and 
citizens  of  the  United  States,  or  in  any  way  abridged,  ex- 
cept for  participation  in  rebellion  or  other  crime,  the  basis 
of  representation  therein  shall  be  reduced  in  the  proportion 
whi-  h  the  number  of  such  male  citizens  shall  bear  to  the 
whole  number  of  male  citizens  twenty  o.ie  years  of  age  in 
such  State. 

Section  III.     Political  Disabilities, 

No  person  shall  be  a  Senator  or  Representative  in 
Congress,  or  Elector  of  President  and  Vice-President,  or 
hold  any  office,  civil  or  military,  under  the  United  States, 
or  under  any  State,  who,  having  previously  taken  an  oath, 
as  a  member  of  Congress,  or  as  an  officer  of  the  United 
States,  or  as  a  member  of  any  State  Legislature,  or  as  an 
executive  or  judicial  officer  of  any  State,  to  support  the 
Constitution  of  the  United  States,  shall  have  engaged  in  in- 
surrection or  rebellion  against  the  same,  or  given  aid  or 
comfort  to  the  enemies  thereof.  But  Congress  may,  by  a 
vote  of  two -thirds  of  each  House,  remove  such  disability. 

16 


234  CIVIL   GOVERNMENT. 


Section  IV.     Public  Debt 

The  validity  of  the  public  debt  of  the  United  States, 
authorized  by  law,  including  debts  incurred  for  payment  of 
pensions  and  bounties  for  services  in  suppressing  in- 
surrection or  rebellion,  shall  not  be  questioned.  But  neither 
the  United  States  nor  any  State  shall  assume  or  pay  any 
debt  or  obi  gation  incurred  in  aid  of  insurrectiot  or 
rebellion  against  the  United  States,  or  any  claim  for  the 
loss  or  emancipation  of  any  slave;  but  all  such  debts, 
obligations,  and  claims  shall  be  held  illegal  and  void. 

Section  V.     Power  to  Enforce. 

The  Congress  shall  have  power  to  enforce  by  appro- 
priate legislation  the  provisions  of  this  article. 

ARTICLE  XV.    Suffrage. 

1.  The  right  of  the  citizens  of  the  United  States  to 
vote  shall  not  be  denied  or  abridged  by  the  United  States, 
or  by  any  State,  on  account  of  race,  color,  or  previous  con- 
dition of  servitude. 

2.  The  Congress  shall  have  power  to  enforce  by 
appropriate  legislation  the  provisions  of  this  article. 


INDEX. 


INDEX. 


The  number  of  each  reference  refers  to  the  page. 

A 

Acts,  defined,  48 ;  when  to  take  eflfect,  48. 

Adjutant  General,  123,  126;  rank  of,  123;  compensation  of,  123;  dutiei 

of,  124 ; 
Administrator,  defined,  57. 
Agricultural  colleges,  100. 
Agricultural  College,  State,  ici. 
Agriculture,  State  Board  ot,  loi,  I02,  107:  mstmites  for  the  promotion 

of,  102. 
Agricultural  societies,  103, 
Aldermen,  33,  40;  time  of   election,  33,  6?,  66,  73;  term  of  ofl5ce,  33; 

duties  of,  36;    members  ot  Board  of  Peyistra^'on  and  Board  of  In- 
spectors of   Election,  68,69,  74;   compensation  of,  37;  vacancy  in 

office,  37. 
Amendments  to  the  Constitution,  State,  7;  United  States,  143. 
Appointments  by  the  Governor,  11,  loi,  no,  in,  113,  114,  115,  Il6,  117, 

123,  124,  126,  127. 
Apportionment  of  Taxes,  79,  81 ;  certificates  of,  80. 
Assessment  of  property,  78,  80 ;  review  of  assessment  roll,  78. 
Assessor  of  school  district,  term  of  office,  94 ;  duties  of,  94 ;  member  of 

District  Board,  93,  108;  bonds  of,  94; 
Associations,  teachers',  104,  105. 
Asylums,  Ii2,  II3; 
Attorney  General,  8,  13,  63 ;  time  of  election,  8,  65,  66,  73 ;  term  of  <  '^ce, 

8;  duties  of,  11,  59;  salary  of,  14;  vacancy  in  office,  9;   remove '  >)f, 

49»  50;  United  States,  144,  145,  147,  149. 
Attorneys,  56,  57,  63;  how  licensed,  56. 
Auditor  General,  8,  13;  time  of  election,  8,  65,  66,  73;  term  of  office  .  8; 

duties  of,  10;  salary  of,  13;  vacancy  in  office,  9;  removal  of,  49  50. 
Auditors,  Board  of  County,  22. 


\ 


238  INDEX. 


Ballot-box,  care  of,  69;  tampering  with,  75. 

Ballots,  69,  70 ;  counting  of,  70, 

Bills,  how  passed,  47,  48;  when  introduced,  48. 

Births  and  deaths,  by  whom  ascertained,  26. 

Blind,  the,  no;  instution  for  educating,  in. 

Boards  and  commissioners,  9,  13;  how  selected,  ii ;  powers  of,  ll. 

Boards,  State  Board  of  Agriculture,  loi,  102,  107.  Boards  of  Control,  109, 
III,  114,  115;  Board  of  County  Auditors,  22;  Boards  of  Canvassers, 
68,  71,  72  ;  District  Board,  93,  108  ;  State  Board  of  Education,  86,  91, 
107  ;  Board  of  Inspectors,  68,  69,  116  .  Board  of  Managers  of  House 
of  Correction,  115  ;  Board  of  Regents,  100,  107  ;  Boards  of  Registra- 
tion, 6S,  74;  Board  of  Supervisors,  21,  23 ;  Board  of  School  Inspectors, 
27,  30,  87,  108;  of  Corrections  and  Charities,  117,  118;  Township 
Board,  29,  30;  Boards  of  Trustees,  95,  108,  113;  Boards  of  Visitors, 
86,  98,  100;  County  Board  of  School  Examiners,  88,  89,  90,  108. 

Bonds  of  State  Treasurer,  10;  of  county  officers,  16;  of  township  officers, 
25,  80;  of  Assessor  of  School  district,  94;  of  Quartermaster  General^ 
124, 

c 

Cabinet,  President's,  144, 

Campaign,  political,  137. 

Canvassers,  68,  70,  74;  county,  71  ;   district,  71,  72;  State,  72. 

Canvass  of  votes  for  township  and  city  officers,  70;  for  county  officers^ 
Senators,  and  Representatives,  71,  72;  Judges  of  Circuit  Courts,  Con- 
gressmen, and  State  officers,  72. 

Census,  by  whom  taken,  26 ;  school,  95. 

Chaimian  of  Township  Board,  25;  of  Board  of  Inspectors  of  Election, 
69  i  of  Board  of  School  Inspectors,  89;  of  school  meetings,  94;  of 
Di-trict  Board,  93. 

Charii*ble  institudons,  109-II3. 

Chart  r,  defined,  32. 

Chi  el   ftistice,  12,  59. 


INDEX.  239 


Circuit  Court  Commissioner,  16,  23,63;  time  of  election,  16,  65,  66,  73; 
term  of  office,  16;  duties  and  powers  of,  20,  55;  compensation  of,  20 ; 
number  of,  20;  vacancy  in  office,  20;  removal  of,  49. 

Circuit  Courts,  jurisdiction  of,  54;  officers  of,  54,  63. 

Circuit  Courts,  United  States,  147-149. 

Circuit  Judge,  16,23,63;  lime  of  election,  16,65,66,76;  term  of  oflSce. 
16;  duties  of,  20,  55;  salary  of,  20;  removal  of,  49. 

Circuits,  judical,  20,  54. 

Cities,  32,  38,;  incorporation  of,  32;  officers  of,  33,  39.         ^ 

Citizen,  duty  of,  76. 

City  Attorney,  37. 

City  Clerk,  duties  of,  34.     See  City  officers. 

City  Collector,  duties  of,  35.     See  City  officers. 

City  officers,  33,  39;  time  of  election,  33,  65  66,73;  *^"^  of  office,  33; 
Compensation  of,  37  ;  vacancy  in  office,  37 ;  canvass  of  votes  for,  70,  74, 

City  Surveyer,  37. 

City  Treasurer,  duties  of,  34,  35.     See  City  officers. 

Civil  action,  defined,  52. 

Clerk,  county,  16,  17,  23;  township,  24,  25,  26,  30;  city,  33,  34,  39  ;  of 
House  of  Representatives,  44;  Engrossing  and  Enrolling,  44;  of  Cir- 
cuit Court,  55,  63;  of  Supreme  Court,  59,  63;  of  various  Boards,  17, 
29,  70,  71,  74,  93;  of  United  States  Courts,  147-148, 

Codicil,  defined,  58. 

Collector.     See  City  Collector. 

Colleges,  106. 

Commander  in  Chief,  9,  123,  126;  Staff,  of,  123,  126, 

Commissioned  officers,  127. 

Commissioner  of  Highways,     See  Highway  Commissioner, 

Commissioner  of  the  Land  Office,  8,  13;  time  of  election,  8,  65,  66,  73; 
term  of  office,  8 ;  duties  of,  1 1 ;  member  of  State  Board  of  Canvassers, 
72,  74;    salary  of,  13;  vacancy  in  office,  9;  removal  of,  49,  50. 

Commissioners,  how  selected,  11. 

Commissions  of  officers  of  the  militia,  126,  127. 

Committees,  standing,  45.  46. 

Compensation  of  State  officers,  13,  14;  of  county  officers,  17,  18,  19,  20, 
21,  22;  of  township  officers,  30;  of  city  officers,  37;  of  Stenographer, 


^O  INDEX. 


55;  of  Reporter,  59;  of  Crier,  60;  of  United  States  ofiElcers,  149,  150. 

Common  Council,  32,39;   how  constituted,  36 ;  powers  of,  36,  37. 

Comptroller,  34. 

Congress,  146,  149, 

Constables,  24,  25,  30;  time  of  election,  24,  65,  66,  73;  term  of  office, 
25;  duties  of,  28,  29,  53;  compensation  of,  30;  vacancy  in  office,  25; 
removal  of,  49. 

Constables,  city,  duties  of,  36.     See  City  officers. 

Constitution,  State,  7,  151;  revision  and  amendments,  7;  unwritten  con- 
stitution, 7. 

Constitution,  United  States,  143 ;  amendments,  143. 

Conventions,  State,  order  of  business,  1 31-139;  county,  131,  138;  dis- 
trict, 132,  138. 

Coroners,  16,  23;  time  of  election,  16,  65,  66,  73;  term  of  office,  16; 
duties  of,  19;  compensation  of,  20;  vacancy  in  office,  20;  removal  of, 

49. 
Corporations,  defined,  31 ;   kinds  of,  31 ;    distinguishing  features  of,  31. 
Council,  Common,  36,  37,  39;  village,  38,  40. 
Counties,  why  formed,  15. 

County  Agents  of  Board  of  Corrections  and  Charities,  118, 
County  Canvassers,  68,  71,  74. 
Count)  Clerk,  16,  23;  time  of  election,  16,  65,  66,  73;  term  of  office,  16; 

duties  of,  17,  62,  79,  94;  clerk  of  Board  of  Supervisors,  1.7  ;    clerk  of 

County  and  of  District   Canvassers,  71,  72;    compensation   of,    17; 

vacancy  in  office,  17 ;  removal  of,  50. 
County  officers,  15-23;  time  of  election,  16,  65,  66,  73 ;  canvass  of  votes 

for,  71,  74,;  term  of  office,  16;  compensation  of,  17,  18,  19,  2d,  21,22; 

vacancy  in  office,  17,  18,  19,  20,  21 ;  removal  of,  49,  50. 
County  Poor,  how  provided  for,  22. 
County  seat,  16. 
County  Surveyor,  16,  23;  time  of  election,  16,  65,  66,  73  ;  term  of  office, 

16;  duties  of,  19;  compensation  of,  19;  vacancy  in  office,  20 ;  removal 

of,  49. 
County  Treasurer,  16,  23;  time  of  election,  16,  65,  66,  73;  term  of  office, 

16;  duties   of,   17,  18;    compensation   of,  18;    vacancy  in  office,  18 ; 

removal  of,  49. 


INDEX.  241 


Courts,  51,  63;   Justices',  52 ;   Municipal,  53;    Detroit,  53;    Circuit,  54  j 

Probate,  57;  Supreme,  58;  United  States,  147,  148,  149. 
Court  martial,  125. 
Court  of  Claims,  148. 

Crier  of  the  Supreme  Court,  60,  63  ;  compensation  of,  60, 
Criminal  action,  defined,  52. 
Criminal,  67,  121. 


Deaf  and  dumb  and  blind,  no;  institution  for  educating,  ill. 

Deaths,  by  whom  ascertained,  26. 

Decisions  of  inferior  courts,  52,  54,  57,  58. 

Deed,  defined,  18. 

Denominational  institutions,  105,  106. 

Departments  of  government,  8;  United  States,  143. 

Deputies  of  Sheriff,  17;  of  County  Clerk,  17;  of  Township  Qerk,  26. 

Detroit,  courts,  53,  64 ;  election  of  city  officers,  67 ;  House  of  Correction, 

115,116. 
Director,  school,  term  of  office,  93;  duties  of,  94,  95;  member  of  Distria 

Board,  93,  108. 
District  Board,  93,   108;    how  constituted,  93;    when   members   of  are 

elected,  94;  term  of  office,  94;  duties  of,  93;   vacancy  in  office,  94. 
District  Convassers,  68,  71,  72,  74. 
Districts,  judical,  20;    senatorial,  41;    representative,  42;  congressional, 

146. 
District  Courts,  United  States,  148. 
District  school,  92;  fractional,  92. 
Drain  Commi?  sioner,  township,  24,  25,  30;  time  of  election,  24,  65,  66, 

73;  term  of  office,  25 ;   duties  of,  28;   compensation  of,  30;    vacancy 

in  office,  28 ;  removal  of,  49. 


Eastern  Asylum  for  the  Insane,  112. 

Kducation,  State  Board  of,  86,  107;  when  members  of  are  elected,  66,  107. 


242  INDEX. 


Educational  institutions,  97,  99,  loi,  106,  109. 

Educational  system,  82. 

Elections,  65-75;  officers  elected,  65,  73;  time  of  election,  66;  genera) 
election,  66;  April  election,  66;  March  election,  67;  Boards  of  Reg- 
istration, 68;  Inspectors  of  Election,  69;  Clerks  of  Election,  70; 
canvass  of  votes,  70-72;  when  persons  declared  elected,  75;  pun- 
ishment for  bribery,  etc.,  75. 

Electors,  presidential,  145,  146. 

Engrossing  and  Enrolling  Clerks,  44. 

Executor,  defined,  57. 

B^iualization  of  taxes,  78. 

Executive  department,  8 ;  State,  13;  county,  23;  township,  30;  cities  and 
villages,  39,  40;  United  States,  143,  149. 

F 

Fence  viewers,  27,  30;  duties  of,  28;  compensation  of  30, 

Fines,  how  applied,  18. 

Fire  Department,  Chief  of,  37. 

Fractional  district,  92. 

G 

Government,  departments  of,  8,  143;  seat  of,  41. 

Governor,  8,  13 ;  time  of  election,8,  65,  66,  73;  term  of  office,  8;  duties 
of,  9;  Commander-in-Chief,  9;  power  to  make  certain  appointments^ 
11;  to  remove  certain  officers,  49,  50;  member  of  certain  State 
Boards,  115,  116;  salary  of,  13,  vacancy  in  office,  9;  removal  of,  49. 

Graded  schools,  95  ;  powers  of  trustees  of,  96, 

Grand  jury,  60,  61,  64. 

H 

Highway  Commissioner,  24,  25,  30 ;    time  of   election,  24,  65,  66,  73 ; 

term  of  office,  25 ;    duties  of,  27;    compensation  of,  30;    vacancy  ij» 

office,  25 ;  removal  of  49. 
House  of  Correction,  Ionia,  115;  Detroit,  115,  116. 
House  of  Representatives,  how  constituted,  42;  powers  of,  43;  officers  of, 

44,  45;  United  States,  146,  149. 


INDEX.  243 


I 

Impeachment  of  public  officers,  49, 

Industrial  Home  for  Girls,  113,  1 14,  1 19. 

Insane  persons,  ill,  112;  asylums  for,  II2,  113,  1 1 9. 

Inspector  General,  123,  126;  duties  of,  124. 

Inspectors  of  Election,  68,  69,  74;  duties  of,  69,  70 ;  of  Detroit  House  of 

Correction,  115,  116;  of  State  Prison,  116,  117. 
Institutes,  teachers',  103,  104,  105  ;  for  the  promotion  of  agriculture,  loa. 
Institution  for  Educating  the  Deaf  and  Dumb  and  Blind,  ill,  119. 


Jail,  county,  custady  of,  17;  general  supervision  of,  21. 

Judge  Advocate,  123,  125,  126. 

Judges  of    Circuit  Courts,  20,  23,  55,  63;  of    Probate  Courts,  20,  23,  57. 

63;  of  United   States  Courts,  147,  148,  149,  150.     See  Circuit  Judg% 

and  Probate  Judge. 
Judges  of  the  Supreme  Court,  12,  13,  59,  63;  time  of    election,  65,  66; 

term  of   office,  12;  powers  of,  12,  compensation  of,  14;    vacancy  in 

office,  9,  59  ;  removal  of,  49. 
Judicial  circuits,  54. 
Judicial  departments,  8,  51-64,  143;  State,  13,  county,  23;  township,  30. 

cities  and  villages,  39,  40;  United  States,  147,  149. 
Juries,  60,  61,  64. 
Jurisdiction,  defined,  52;  of    Justices'  Courts,  52;  of  Detroit  Courts,  53; 

of  Circuit  Courts,  54;  of  Probate  Courts,  57;  of  Supreme  Court,  58, 

of  United  States  Courts,  147,  148. 
Jurors,  drawing   of,  61,  62;  compensation   of,  62  ;   persons  exempt  from 

serving  as,  62. 
Justices'  Courts,  jurisdiction  of,  52 ;  officers  of,  63. 
Justices  of  the  Peace,  24,  25,  30 ;  time  of  election,  24,  65,  66,  73 ;  term 

of  office,  25  ;  duties  of,  28,  53  ;  two,  members  of  Township  Board,  29  ; 

one,  member  of  Township  Board  of  Inspectors,  69  ;  compensation  of, 

30;  vacancy  in  office,  25;  removal  of,  49. 
Justices  of  the  Peace,  city,  duties  of,  35.     See  City  officers. 


244  INDEX. 


Lands  for  educational  purposes,  82,  83. 

Laws,  publication  of,  10,  48 ;  when  to  take  effect,  48 ;  must  not  conflict 
with  the  Constitution,  7,  12. 

Legislative  bodies,  49,  50. 

Legislative  department,  8  ;  State,  13,  county,  23 ;  township,  30 ;  cities  and 
villages,  39,  40;  United  States,  146,  149. 

Legislature,  State,  12,  13;  when  members  are  elected  and  term  of  office 
41;  compensation,  14;  place  and  time  of  meeting,  41 ;  members  of, 
42 ;  privileges  of  members,  44 ;  officers  of,  43,  44 ;  organization  of  each 
House,  45  ;  standing  committees,  45,  46  ;  quorum  of  each  House,  46, 
how  subjects  are  presented  to,  47 ;  passing  of  bills,  47  ;  acts,  48 ;  why 
two  Houses,  49. 

libraries,  school,  85  ;  district,  88 ;  township,  87. 

Lieutenant  Governor,  8,  13  ;  time  of  election,  8,  65,  66,  73 ;  term  of  office, 
8 ;  presiding  officer  of  the  Senate,  9 ;  when  to  act  as  Governor,  9  ; 
compensation  of,  I3  ;  removal  of,  49,  50. 

Local  legislation,  conferred  by,  12. 

M 

Marriages,  28. 

Marshal,  duties  and  powers  of,  35.     See  City  officers. 

Mayor,  duties  and  powers  of,  33.     See  City  officers. 

Message  of  Governor,  9,  45. 

Michigan  Asylum  for  the  Insane,  1 13. 

Military  companies,  122;  term  of  enlistment,  122;    equipments  of,  122; 

compensation  of  officers  and  privates,  123. 
Military  duty,  persons  exempt  from,  121. 
Military  forces,  120;  subordinate  to  civil  power,  122;  Legislature  act  as  a 

check  upon,  125. 
Military  officers,  126,  127. 
Military  Secretary,  123,  126; 
Militia,  120-127;    enrolled,   121 ;  active,   I2i,   122,  principal  officers  of, 

123,  officers  of,  126,  127, 
Ministerial  officer,  defined,  29. 


INDEX.  245 


Moderator  to  township  meeting,  25 ;  of  District  Board,  93,  94. 
Moderator,  school,  term  of  office,  94;  duties  of  94;    member  of  District 

Board,  93,  108. 
Mortgage,  defined,  18. 
Municipal  courts,  53. 

N 

Nomination  of  officers,  131;  State,  136. 

Non-commissioned  officers,  127. 

Normal  School,  97,  98,  99;  certificates  of,  98. 

Notaries  Public,  64;  how  appointed,  62;  term  of  office,  62;  duties  of,  62. 

o 

Oath  of  office,  8. 

Officers,  State,  7-14;  county,  15-23;  township,  24-30;  city  and  village, 
31-40;  of  the  Legislature,  43,  44,  45 ;  of  courts,  53-64;  of  elections, 
68-74;  for  the  apportionment  and  collection  of  taxes,  77-81 ;  schcol, 
85-108;  military,  123-127;  United  States,  143-150. 

One-mill  tax,  84,  85,  93. 

Ordinances,  defined,  37. 

Overseers  of  Highways,  27,  30;  time  of  election  and  term  of  office,  .7; 
duties  of,  27  ;  compensation  of,  30;  act  as  fence  viewers,  28. 


Pardons,  by  whom  granted,  9. 

Parties,  political,  131. 

Penalties  for  preserving  the  purity  of  elections,  75. 

Personal  property  exempt  from  taxation,  77. 

Peiit  jury,  61,  64. 

Pomological  societies,  103. 

Platform,  adoption  of,  1 36. 

Police  court,  53,  64 ;  jurisdiction  of,  54, 

Political  machinery,  129-139. 

Polls,  when  opened  and  clo-ed,  69  ;  meaning  of,  70. 

Poor,  relief  and  support  of,  22  ;   Superintendents  of,  22,  23. 

Pos  master  General,  144,  145,  149.  » 


:-;fj  INDEX. 


Pound,  defined,  29;  compensation  of  persons  driving  stray  animals  to,  29. 

I  'ound  Master,  duiies  of,  29  ;  compensation  of,  29. 

Presiding  officer  of  Common  Council,  34;  of  the  Senate,  9,  44,  45  ;  of  the 

House  of  Representatives,  44;  of  the   United  States   Senate,   146;  of 

United  States  House  of  Repre-entatives,  146. 
President  of  the  United  States,  143,  144,  149;  election  of,  145,  146;  of 

the  Senate,  9,  44,  45. 
President /r(7  tempore  of  Common  Council,  34 ;  of  Senate,  43. 
Primary  school  fund,  origin  of,  82 ;  disposition  of,  ^t^. 
Probate  Court,  jurisdiction  of,  57  ;  officers  of,  63. 
Probate  Judge,  16,  23  ;  time  of  election,  16,  65,  66,  73  ;  term  of  office,  16  ; 

duties  of,  20;  salary  of,  21  ;  vacancy  in  office,  21 ;  removal  of,  49. 
Probate  Register,  63  ;  duties  of,  64. 
Property  subject  to  taxation,  76  ;  exempt  from  taxation,  77  ;   statement  of 

taxable,  77 ;  assessment  of,  78. 
Prosecuting  Attorney,  16,  23,  63  ;    time  of  election,  16,  65,  66,  73;  term 

of  office,  16;  duties  of,  19,  56;  compensation  of,  19;  removal  of,  49. 
Public  school  system,  82-108. 
Public  Schools.     See  schools. 

Q 

Qualifications  of  Governor  and  Lieutenant  Governor,  9. 
Quartermaster  General,  123,  126;  rank  of,  123;  duties  of,  124;  compen- 
sation of,  123 ;  bonds  of,  124. 
Quorum  of  Senate  and  House  of  Representatives,  46. 

R 

Recorder,  34. 

Recorder's  court,  53,  64 ;  jurisdiction  of,  54. 

Reformatory  and  penal  institutions,  113-117. 

Reform  School,  113,  114. 

Regiments,  122;  officers  of,  126. 

Register  of  Deeds,  16,  23  ;  time  of  election,  16,  65,  66,  73  ;  term  of  office, 

16;  duties  o*",  iS;  compensation  of,  18;  removal  of,  49. 
Register,  Probate,  63,  64.     • 


INDEX. 


247 


Registration,  68 ;  time  of,  6S,  69 ;  Boards  of,  68,  74, 

Regents,  Board  of,  10  ,  107 ;  election  of,  67. 

Removal  from  office,  49,  50. 

Reporier  of  the  Supreme  Court,  58,  63;  how  appointed,  59;  duties  of,  59; 

salary  of,  59, 
Reports  of  school  officers,  94;  of  Secretary  of  State  Board  of  Agriculture, 

102  ;  of  Superintendent  of  Public  Instruction,  86. 
Representative  districts,  21,  42. 
Represent :iti\es,  42;  privileges  of,  44;  compensation  of,    14;  canvass  of 

votes  for,  72,  74;  United  Stales,  146. 
Revenue  bilis.  United  States,  146. 

s 

Salaries  of  officers.     See  compensation  of  officers. 

School  district,  92, 

School  Examiners,  88 ;  election  of,  88 ;  joint  meeting  of,  ©ionization  0/ 
the  Bo:ud  of,  89. 

School  Inspectors,  24.  25,  30;  time  of  election,  25,  65,  66,  73 ;  term  of 
office,  25  ;  duties  of,  26;  members  of  the  Board  of  School  Inspectors, 
89.  108;  compensation  of,  30;  vacancy  in  office,  25;  removal  of,  49. 

School  Inspectors,  Board  of,  26,  87,  108;   duties  of,  87;  chairman  of,  88. 

School  libraries,  85  ;  how  supported,  85  ;  management  of,  88. 

School  meetings,  92 ;  when  held,  92,  95,  108  ;  powers  of,  92  ;  qualifica- 
tions of  voters,  93. 

School  month,  93. 

Schools,  visitation  of,  88  ;  support  of,  82,  83,  84 ;  district,  92 ;  graded,  95. 

School  taxes,  84. 

School  Trustees,  powers  of,  96;  term  of  ofiBce,  96. 

Sergeants  at  Arms,  44;  duties  of,  45. 

Secretary  of  State,  8,  13 ;  time  of  election,  8,  65,  66,  73 ;  term  of  office, 
8  ;  duties  of,  10;  member  of  State  Board  of  Canvassers,  72,  74;  salary 
of,  13;  vacancy  in  office,  9;  removal  of,  49,  50;  United  States,  144. 

Secretary  of  the  Interior,  144,  145,  149. 

Secretary  of  the  Navy,  144,  145,  149. 

Secretary  of  the  State  Board  of  Agriculture,  102  ;  report  of,  102. 

Secretary  of  the  Sennte,  44. 


248  INDEX. 


Secretary  of  the  Treasury,  144,  149. 
Secretary  of  War,  144,  145,  149. 
Sections,  83. 

Senate,  how  constituted,  41 ;  powers  of,  42 ;  officers  of,  43,  44,  45  ;  United 
States,  146,  149. 

Senatorial  districts,  41. 

Senators,  41,  42;  privileges  of,  44;  compensation  of,  14;  canvass  of  votes 
for,  72,  74;  United  States,  146. 

Sheriff,  16,  23,  63;  time  of  election,  16,  65,  66,73;  t^^"™  o^  office,  16; 
duties  of,  16,  17,  56;  compensation  of  17;  vacancy  in  office,  17; 
removal  of,  49 ;  of  the  Supreme  Court,  60,  63. 

Speaker,  duties  of,  44;  compensation  of,  14;  United  States,  146,  149. 

Staff  of  Commander-in-Chief,  123,  126. 

Standing  committees,  45,  46. 

State  Agricultural  Society,  103 ;  Board  of  Agriculture,  loi ;  Board  of  Edu- 
cation, 98;  Canvassers,  72 ;  Central  Committee,  133,  136;  Commis- 
sioners, 116,117;  Convention,  132-139;  House  of  correction,  115, 
116;  Institutions,  109-119;  Military  Board,  124,  125,  127;  Pomologi- 
cal  Society,  102;  Prison,  116,  Public  School,  109;  Reform  School, 
113,  114;  Teachers'  Association,  105. 

State  Legislature.     See  Legislature. 

State  officers,  7-14;  time  of  election,  8,  65,  66,  73 ;  canvass  of  votes  for, 
72,  74 ;  term  of  office,  8 ;  salaries  of,  13,  14 ;  vacancy  in  office,  9 ; 
removal  of,  49,  50. 

State  Treasurer,  8,  13  ;  time  of  election,  8,  65,  66,  73  ;  term  of  office,  8; 
duties  of,  10;  member  of  State  Board  of  Canvassers,  72,  74;  salary 
of,  13;  vacancy  in  office,  9  ;  removal  of,  49,  50. 

Statement  of  taxable  property,  77,  78;  of  votes,  70,  71,  72. 

Stenographer,  55,  63;  how  appointed,  55  ;  compensation  of,  55. 

Street  Commissioner,  duties  of,  35.     See  City  officers. 

Summaries,  State  officers,  13;  county  officers,  23;  township  officers,  30 ; 
city  and  village  officers,  39, 40 ;  legislative  bodies,  50 ;  courts  and  officers 
of  courts,  63;  elections  and  election  of  officers,  73,  74;  taxation,  81 ; 
colleges,  106;  school  officers,  107,  108;  State  institutions,  119;  military 
officers,  126,  127;  caucuses  and  conventions,  138;  order  of  business  at 
State  Convention;  13'^,  139  ;  officers  of  the  United  States,  149. 


INDEX.  249 


Superintendent  of  Public  Instruction,  8,  13,  107;  time  of  election,  8, 
65,  66,  73  ;  term  of  office,  8;  duties  of,  II,  85,  86,  87;  report  of,  86; 
member  of  State  Board  of  Education,  86;  salary  of,  14;  vacancy  in 
office,  9 ;  removal  of,  49,  50. 

Superintendent  of  Schools,  State,  8,  11,  13,  85,  86,  87. 

Superintendents  of  the  Poor,  22,  23 ;  by  whom  elected  and  term  of  office, 
22 ;  duties  of,  22  ;  compensation  of,  22. 

Superior  Court,  53,  64 ;  jurisdiction  of,  54. 

Supervisor,  24,  25,  30;  time  of  election,  24,  65,  66,  73;  term  of  office, 
25;  duties  of,  25,  26,  77,  78,  80,  81,  112;  moderator  of  township  meet- 
ing, 25  ;  chairman  of  Township  Board,  25;  representative  of  township, 
25;  member  of  Board  of  Supervisors,  ai ;  of  Board  of  Regi  tration, 
68;  of  Board  of  Inspectors  of  Election,  69,  74;  compensation  of,  30; 
vacancy  in  office,  25 ;  removal  of,  49. 

Supervisor,  ward,  duties  of,  36;  member  of  Board  of  Supervisors,  21; 
of  Board  of  Inspectors  of  Election,  69,  74,     See  City  officers. 

Supervisors,  Board  of,  21,  23;  how  constituted,  21;  duties  of,  21,  78,  79, 
81. 

Supreme  Court,  12,  63;  jurisdiction  of,  i2,  58;  terms  ol,  58;  officers  of, 
58,  63;  United  States,  147,  149. 

Surveyor,  coun.y,  16,  19,  23;  city,  37, 

Swamp  lands,  83. 


Taxable  property,  76,  77 ;  statement  of,  77 ;  assessment  of,  78. 
Taxation,  76-81  ;  property  subject  to,  76,  77;  property  exempt  from,  77. 
Taxes,  78-81 ;    equalization  of,  78;  apportionment  of,  79,  81 ;  certificntes 

of  apportionment  of,  80;  assessment  of,  80;  collection  of,  80,  81 ;  time 

of  collection,  80;  school,  84. 
Teachers'  associations,  104,  105. 
Teachers'  certificates,  91. 

Teachers,  examination  of,  87,  90  ;  prohibited  from,  92. 
Teachers'  institutes,  103,  104,  105;  support  of,  91,  104. 
Tie  vote,  71,  72. 
Title,  defined,  18. 


250  INDEX. 


Township  Board,  25,  30 ;  how  constituted,  29 ;  duties  and  powers  of,  29  ; 

compensation  of  members,  30, 
Township  Clerk,  24,  25,  30 ;   time  of   election,  24,  65,  66,  73 ;  term  of 

office,  25 ;  duties   of,  26,  89 ;  member   of  Township    Board,  26,  29 ; 

of  Board  of  Registration,  68,  74 ;  of  Board  of  Inspectors  of  Election, 

69,  74;  of  Board  of  School  Inspectors,  87,  108;  compensation  of,  30; 

vacancy  in  office,  25 ;  removal  of,  49. 
Township  Drain  Commissioner.     See  Drain  Commissioner. 
Township  meetings,  24,  30 ;  when  held,  24 ;  powers  of,  24. 
Township  officers,  24-30;  time  of  election,  24,  65,66,  73;    canvass  of 

votes   for,  70 ;  term  of  office,  25 ;    compensation   of,  30 ;   vacancy  in 

office,  25  ;  removal  of,  49. 
Township  poor,  how  provided  for,  22. 

Townships,  21,  24  ;  principal  officer  and  representative  of,  25. 
Township  Treasurer,  24,  25,  30;  time  of  election,  24,  65   66,  73;  terra  of 

office,  25 ;  duties  of,  26, 80,  81 ;  member  of  Board  of  Registration,  68, 

74;  compensation  of,  30;  vacancy  in  office,  25  ;  removal  of,  49. 
Treasurer,  State,  8,  10,  13;    county,  16,  17,  18,  23;  township.  24,  25,  26, 

30 ;  city,  33,  34,  39 ;  village,  38,  40 ;  of  District  Board,  93,  94. 
Trustees,  village,  38;  school,  96,  108;  of  State  institutions,  109-119, 


-  u 


Under  sheriff,  17,63;  how   appointed,  17;   when  to  serve  as  Shenff,  17. 
United  States,  Constituiion  of,  143  ;    government  of,  141,  150;    courts  of, 

147,  149. 
University,  99,  1 00. 
Upper  Peninsula,  compensation  of  members  from,  14. 

V 

Vacancies,  Governor,  9;  county  officers,  17,  18,  19,  20,  21 ;  township  offi- 
cers, 25;  city  officers,  37. 
Vice  President,  145,  146,  149. 
Villages,  37,  38. 


INDEX.  25 1 


Village  officers,  38,  40 ;  time  of  election,  65,  67,  73 ;  term  of  office,  38 ; 

duties  of,  38. 
Visitors,  Boaids  of,  86,  98,  100. 
Voters,  qualified,  67  ;  privileges  of,  67 ;  limitations,  67 ;  challenge  of,  70 ; 

at  school  meetings,  93. 
Votes,  counting  of,  70;  statement  of,  70;  Canvassen  of,  70,  7 1,   7a,   74; 

tie  in,  71,72. 

w 

Ward,  defined,  24.  / 

Warden  of  House  of  Correction,  115  ;  of  State  Prison,  ii6t. 
Ward  officers,  ^^,  39.     See  City  officers. 
Warrant,  defined,  53. 
Writ,  defined,  53. 

Y 

Yeas  and  nays  on  final  passages  of  bill,  47 


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